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Why the US is waging war on Binance, Coinbase

SEC, Binance, Solana, Bitcoin and Hong Kong skyline

In this issue

  1. Binance/Coinbase: Massive attack
  2. Solana NFTs: Bested by Bitcoin
  3. Hong Kong crypto: Regulatory rollout

From the Editor’s Desk

Dear Reader,

The U.S. Securities and Exchange Commission has pulled the trigger on some of the biggest cryptocurrencies in the world — and potentially all of them. By categorizing those cryptocurrencies as securities, it has the crypto industry in its clutches and facing a drawn-out legal battle. 

It now appears that the regulator’s beef with Ripple and XRP was just the beginning. The SEC is now able to put to use the legal lessons it has learned in that years-long case against the tokens it has named in its complaint against Binance: BNB, BUSD, SOL, ADA, MATIC, FIL and ALGO, and implicitly more. The term “ripple effect” has acquired an unpalatable new meaning in crypto circles. 

The SEC’s action on June 5 will go down as the crypto industry’s “Black Monday.” The regulator’s carpet bombing-style legal offensive wiped out US$320 million within 24 hours as crypto liquidations accelerated. 

The real impact is only beginning to be felt, but the implications are enormous. Among other questions: What is a utility token? What is a security? Why is Ethereum considered a commodity by the Commodity Futures Trading Commission when Polygon, a layer-2 chain that scales Ethereum, is considered a security and now potentially finds itself in the SEC’s crosshairs? Is the mere fact that cryptocurrencies are sold and traded sufficient grounds for them to be considered securities and thus subjected to SEC regulation? (The Howey Test, established in 1946 and used as a means to determine whether a transaction qualifies as an investment contract, gives the SEC plenty of room for maneuver.) More SEC actions are likely in the works.

While it appears that the SEC is going after the industry, the ultimate victims may be Americans themselves. The “moat” that excludes Americans from services offered in most of the rest of the world and from the innovations offered by digital currencies is only getting deeper and wider. The legal liability and exposure that come with servicing even one U.S. citizen immediately render projects vulnerable to the SEC’s legal dragnet. No one will want to serve Americans. The very regulations that purport to protect investors will essentially rob them of access to digital assets. 

Meanwhile, I’m in Hong Kong this week, half a world away, a city whose securities regulator has just launched new virtual asset service provider regulations. And for the retail market, it has released virtual asset trading platform rules, outlining a process that onboards crypto to trading platforms for accredited and non-accredited investors alike. Amid the SEC’s onslaught, such developments are leaving Americans in the dust. Freedom indeed. 

Starve the industry of customers and reduce liquidity, and watch demand and business opportunities dry up in the U.S. Elsewhere, the market continues to thrive in new ways, only with diminished American input — and vice versa. 

You can be sure that as U.S. customers find themselves cut off from off-ramping crypto to dollars, others around the world will be picking up bargains today as crypto activity elsewhere ramps up. The SEC has trained its sights on the crypto industry, but may have shot itself — and the country it’s supposed to serve — in the foot, hobbling America’s influence over the future of finance. 

Until the next time,

Angie Lau,
Founder and Editor-in-Chief
Forkast


1. Regulatory reckoning

Binance has a colorful history when it comes to interactions with regulators, but its latest tangle with the SEC will likely dwarf its previous troubles. Image: SEC/Canva

The U.S. Securities and Exchange Commission filed 13 charges against crypto exchange Binance, Binance Chief Executive Changpeng “CZ” Zhao, and BAM Trading Services — the Binance affiliate that operates Binance.US — on Monday, alleging multiple violations of securities laws. The following day, the regulator filed a lawsuit alleging similar violations against Coinbase.

Forkast.Insights | What does it mean?

Binance may have finally run out of road in the U.S. And it looks as though Coinbase might be in a similar predicament. Binance is now fighting cases against both the CFTC and the SEC. Coinbase, which has also had a fraught relationship with the SEC, is now also being sued for securities violations. 

That means both exchanges will be formally frozen out of the world’s biggest single market for cryptocurrency while legal proceedings are under way — that is, if they don’t collapse first. Fund outflows from Binance have accelerated over the past few days, with more than US$300 million leaving the exchange in one 24-hour period this week. 

The news, somewhat unsurprisingly, led to a slump in the broader crypto market, for two reasons. First, because both Binance and Coinbase have played an outsized role in crypto’s fortunes. Binance captured two-thirds of the Bitcoin spot trading market, and its BNB token helped it to overtake Ethereum by the number of active addresses. Coinbase had a similar hold on the U.S. market. 

But perhaps the bigger, more concerning news for the market at large, is that the SEC is not just targeting crypto exchanges. In the regulator’s filing, Binance’s BNB, Binance stablecoin BUSD, Cardano’s ADA, Solana’s SOL, Polygon’s MATIC, Filecoin’s FIL and Algorand’s ALGO were all listed as unregistered securities. 

That means other exchanges are now having to consider delisting some of the biggest projects by market cap to avoid regulatory risks. The currencies named in the suit are all nursing significant losses as a result. 

The ongoing regulatory crackdown on crypto exchanges in the U.S., alongside the collapse of crypto-friendly banks earlier in the year, has significantly narrowed the on- and off-ramps for crypto investors. And although authorities in Asia and elsewhere have warmed to the industry, repairing the damage left by the U.S. government’s calamitous handling of crypto will likely take years. 


2. Solana eclipse

The release of the Ordinals protocol, which made Bitcoin NFTs a reality, has come at considerable cost to Solana’s NFT trading volume. Image: Solana/Canva

Solana’s secondary non-fungible token (NFT) sales dropped nearly 50% in May, from US$85.7 million to US$44.9 million in April. The Forkast SOL NFT Composite, an index of NFT activity on the Solana blockchain, fell 12.13% during May.

Forkast.Insights | What does it mean?

Innovation and investment in Web3 have over the past five years trended toward bigger, faster chains and the companies built on them. But an exploit in Bitcoin’s code and the introduction of a token standard by an anonymous Twitter user has meant that the oldest, slowest and most cumbersome chain in terms of utility has eroded many other chains’ unique selling points in the NFT space. 

That’s because during market slumps, investors’ money tends to flow into Bitcoin and out of newer, more innovative chains. Bitcoin’s market dominance has crept up from a low of 39% in September 2022 to 48% today.

While historically that’s been due to the perception that Bitcoin is a useful store of value during market downturns, more recently, BTC’s growing dominance has been down to its ability to attract capital through inscriptions. 

Bitcoin now boasts a US$600 million token economy spread across 24,000 tokens on its network, in addition to a thriving NFT marketplace. Although that’s rather smaller than Ethereum, Bitcoin achieved that impressive number in a few months, while chains such as Solana have taken years. 

The ball is now back in the court of Solana and other ecosystems. Low fees and high speeds may have attracted developers to these networks, but they’ll need another big leap forward to tempt investors and developers to jump ship from Bitcoin again. 


3. Golden East

Observers say Hong Kong’s new crypto regulatory framework could provide a model for the development of rules for the industry in other jurisdictions. Image: Canva

Hong Kong has rolled out new rules for virtual asset trading platform operators, otherwise known as crypto exchanges. According to Gary Tiu, executive director and head of regulatory affairs at Hong Kong-based crypto exchange OSL, the city’s move potentially sets an example for other jurisdictions in its new embrace of retail crypto trading.

Forkast.Insights | What does it mean?

The unveiling of Hong Kong’s retail crypto trading framework comes at a critical juncture for the industry this week, as the SEC in the U.S. puts the legal squeeze on not only Binance and Coinbase but also a slew of major cryptocurrencies.

The U.S. government’s heavy-handed approach to enforcement is threatening to push crypto trading platforms out of the world’s largest economy — which means even greater opportunities for Hong Kong and other crypto hubs outside America to lure crypto firms to their shores.

Hong Kong’s new legal framework for crypto could also offer a regulatory path for other jurisdictions to follow.

Regulators in both the U.S. and Hong Kong pay much attention to tokens listed on exchanges, but while the U.S. increasingly treats tokens as unregistered securities, Hong Kong requires crypto exchanges to set up review committees to oversee the risks associated with coins listed on their platforms.

Hong Kong, aiming to turn itself into a global crypto hub, may reap a “conflict dividend” from the legal melee in the U.S. In addition to licensing retail crypto trading, the territory’s authorities have said they are working on offering expanded regulatory guidance on issues related to custody and stablecoins. 

As crypto companies in the U.S. fight increasingly heated legal battles in and out of court, Asia — and in particular Hong Kong — may be an increasingly attractive proposition for crypto companies looking beyond American shores to do business in peace.

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