Kristin Smith on Why the Clarity Act Comes Down to a Memecoin
Kristin Smith walks through the vote math, the ethics fight, and what happens to crypto capital if the Clarity Act stalls before the midterms.
The Senate needs 60 votes to pass crypto's market structure bill, the Clarity Act, before an August recess deadline just weeks away. Majority Leader John Thune says the votes likely will not be there in time, and Polymarket puts the odds of passage this year at roughly 30 percent.
Kristin Smith, President of the Solana Policy Institute, joins Laura Shin to explain why a deal that seemed close has snagged on ethics language Trump agreed to but Senate Democrats do not trust the Department of Justice to enforce.
Smith walks through the vote math behind 53 Senate Republicans and the Democrats who backed last year's Genius Act, the Blockchain Regulatory Certainty Act's protections for developers, and the new commodities pathway for token launches. She also maps where the sidelined capital goes, from the Middle East to Japan, if Clarity misses its window before the midterms.
Host
Laura Shin - Founder, CEO and Host of Unchained
Guest
Kristin Smith - President of the Solana Policy Institute
Sponsor
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Timestamps:
🗳️ 00:51 Why Clarity's Senate timeline looks so tight before the August recess
📣 09:20 Cape: Get 33% off your first six months with code unchained at https://cape.co/unchained
⚖️ 10:16 Why Trump's ethics language deal became Clarity's toughest sticking point
🏛️ 18:34 Kristin Smith on the Clarity Act provisions that most excite the industry
🌍 23:31 What happens to crypto capital and global leadership if Clarity fails
Learn more about your ad choices. Visit megaphone.fm/adchoices
How Hyperliquid Unlocks 24/7 Markets | Jake Chervinsky & MC Lader
This week, Jake Chervinsky & MC Lader join the show to discuss the growth of Hyperliquid in 2026 and beyond. We deep dive into Hyperliquid's 24/7 markets thesis, how Native Markets won the USDH proposal, founding the Hyperliquid Policy Center, regulation in 2026 and more. Enjoy!
--
Follow MC: https://x.com/Mclader
Follow Jake: https://x.com/jchervinsky
Follow Santi: https://x.com/santiagoroel
Follow Empire: https://x.com/theempirepod
--
Join us at DAS (Digital Asset Summit) in New York City this March! Follow the link below to grab your ticket, and use code EMPIRE200 to get $200 off your ticket!
https://blockworks.co/event/digital-asset-summit-nyc-2026
--
ZKsync is the Bank Stack of Ethereum. It is a network of chains secured by cryptography, not validators. Its cutting-edge ZK innovation enables the privacy, performance and connectivity that businesses need to thrive in the digital assets economy.
To find out more visit: https://www.zksync.io/
--
Timestamps:
(00:00) Introduction
(02:45) The Hyperliquid 24/7 Markets Thesis
(06:02) Founding The Hyperliquid Policy Center
(15:45) The State of DeFi Regulation
(18:59) ZKsync Ad
(19:34) The Hyperliquid USDH Proposal
(29:59) Stablecoin Regulation In The US
(38:05) The Hyperliquid 24/7 Markets Thesis
(44:40) The Future of Stablecoins
(57:53) Crypto Regulation In 2026 & Beyond
--
Disclaimer: Nothing said on Empire is a recommendation to buy or sell securities or tokens. This podcast is for informational purposes only, and any views expressed by anyone on the show are solely our opinions, not financial advice. Santiago, Jason, Rob and our guests may hold positions in the companies, funds, or projects discussed.
DEX in the City: Why the Market Structure Bill May Not Be Good for DeFi
Thank you to our sponsor, Mantle!
After months of anticipation, U.S. Senators have unveiled draft crypto market structure legislation.
In this episode of DEX in the City, hosts Jessi Brooks, Katherine Kirkpatrick Bos and Vy Le are joined by Blockchain Association CEO and former CFTC Commissioner Summer Mersinger to unpack all the provisions that stand out.
These include the bill's attempt to draw a line between centralized and decentralized platforms, the amended stance on stablecoin yield and exemptions for assets with ETFs.
Would the bill “sweep up all of DeFi?” Has crypto lost the fight over stablecoin yield? And is Trump playing interference for crypto?
Hosts:
Jessi Brooks
Katherine Kirkpatrick Bos
TuongVy Le
Guests:
Summer Mersinger, CEO Blockchain Association
Links:
Tether Freezes $182 Million in USDT on Tron
Senators Move to Curb Passive Stablecoin Yields in Market Structure Push
How the Crypto Market Structure Law Would Expose that Trump’s WLFI Isn’t DeFi
Jessi and Katherine's paper on programmable risk management
Learn more about your ad choices. Visit megaphone.fm/adchoices
Crypto vs. Banks: Who Controls America’s Money? | Summer Mersinger
Crypto vs. Banks — the proxy war for the future of money is heating up.
Summer Mersinger, CEO of the Blockchain Association and former CFTC Commissioner, joins Bankless to unpack the battle over the GENIUS Act, why banks are fighting to roll it back, and how stablecoins have become the frontline. From Elizabeth Warren’s fading influence to the $700M bank lobbying machine, we explore what’s really happening on Capitol Hill, the global stakes for stablecoins, and how upcoming U.S. policy could reshape innovation, regulation, and consumer freedom.
---
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🌳KGEN | REQUEST A DEMO
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---
TIMESTAMPS
0:00 Intro
1:12 The GENIUS Act Victory
8:49 How Laws Really Get Made
16:17 The Bank Lobby vs. The Crypto Lobby
20:29 The Shifting Politics of Crypto
27:29 Will Banks Go Crypto?
33:10 International Dimension
37:14 CFTC, SEC, and Market Structure
52:26 DC Drama & Leadership Vacancies
55:42 Prediction Markets & Policy Battles
1:00:07 Looking Ahead to 2026
1:02:15 Closing Thoughts
---
RESOURCES
Summer Mersinger
https://x.com/SKMersinger
Blockchain Association
https://x.com/BlockchainAssn
---
Not financial or tax advice. See our investment disclosures here:
https://www.bankless.com/disclosures
Roman Storm Verdict: A Turning Point for DeFi | Jake Chervinsky & Amanda Tuminelli
Jake Chervinsky and Amanda Tuminelli join us to unpack the Roman Storm verdict—what it means for DeFi, why Section 1960 is a looming threat to open-source developers, and the strong grounds for appeal.
We discuss the legal, political, and legislative paths forward, the role of Congress in protecting developers, and how the crypto industry can mobilize to prevent future prosecutions.
------
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https://bankless.cc/spotify-premium
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🪙FRAX | SELF SUFFICIENT DeFi
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🦄UNISWAP | SWAP ON UNICHAIN
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🛞MANTLE | MODULAR LAYER 2 NETWORK
https://bankless.cc/Mantle
------
TIMESTAMPS
0:00 Intro
0:24 Verdict First Impressions
4:22 Was it Successful?
6:26 Second Trial?
9:47 Money Transmitter Debate
15:20 Optimistic Setup?
19:56 Levels of Precedent
26:04 What’s Next?
30:26 Crypto Industry Agency
34:01 Regulatory Acts
37:33 Two Paths
44:35 Trump Administration
49:02 Upcoming Administrations
53:45 Call to Action
56:55 Closing & Disclaimers
------
RESOURCES
Jake Chervinsky
https://x.com/jchervinsky
Amanda Tuminelli
https://x.com/amandatums
DeFi Education Fund
https://www.defieducationfund.org/
Fund Roman Storm
https://freeromanstorm.com/
Fund Alex Pertsev
https://juicebox.money/v2/p/713
------
Not financial or tax advice. See our investment disclosures here:
https://www.bankless.com/disclosures
Why the Senate Stablecoin Bill Stalled & What It Means for Crypto - Ep.832
The crypto industry is fixated on the U.S. Senate.
On Thursday, lawmakers failed to advance the GENIUS Act, the most significant federal stablecoin bill to date. But the story isn’t over.
Behind the process is a drama about potential presidential conflicts, shifting political alliances, and unresolved policy questions.
In this episode, Kristin Smith, CEO of the Blockchain Association and Amanda Tuminelli, executive director and CLO of the DeFi Education Fund, break down:
Why the bill stalled but isn’t dead yet
The role Trump’s crypto ties are playing
Whether Democrats who once backed crypto are turning away
Why advocates are still pushing for a deal this year
Visit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com
FalconX
Bitkey: Use code UNCHAINED for 20% off
Mantle
Kristin Smith, CEO of the Blockchain Association
Amanda Tuminelli, executive director and CLO of the DeFi Education Fund
Timestamps:
👋 0:00 Intro
📉 2:01 Why the Senate blocked the vote but the bill isn’t dead yet
🔄 5:17 Why some pro-crypto Democrats suddenly flipped
⚖️ 8:08 Key differences between the two competing GENIUS Act proposals
🔄 14:18 Whether lawmakers are starting to shift their crypto stances
🤝 16:05 Can the Senate overcome divisions and get this across the finish line?
🏛️ 18:14 How Trump’s crypto ties are shaping the legislative battle
⏳ 20:46 Is the August deadline already slipping out of reach
📝 22:39 Combining stablecoin and market structure bills
🎉 25:59 Why Kristin says it’s a relief not to have to deal with Gensler anymore
Learn more about your ad choices. Visit megaphone.fm/adchoices
Under the First Crypto President, What Will Regulation of the Industry Look Like? - Ep. 747
With Paul Atkins as the incoming SEC Chair, David Sacks as the AI & Crypto Czar, and potential CFTC leadership changes, the Trump administration is signaling a major shift for crypto, AI, and financial regulation.
Guests Mike Selig and Jake Chervinsky break down what this means for token launches, enforcement actions, inter-agency collaboration, and the fate of Operation Chokepoint 2.0. Could this mark the end of the U.S.’s regulatory hostility toward innovation?
Show highlights:
02:18-What changes to expect under an Atkins-led SEC
08:58-Who could lead the SEC in the period between Gensler resigning and Atkins assuming
11:54-Whether the Democrats will nominate SEC Commissioner Crenshaw again
15:50-Elizabeth Warren's influence on the non-Republican SEC commissioner picks
23:39-Whether Atkins’ leadership at the SEC might shift crypto regulation away from aggressive enforcement
28:26-Whether Gensler’s recent promotion of people in enforcement roles will further his SEC’s regulation-by-enforcement strategy
38:52-Whether the SEC and Coinbase will reach a settlement
41:47-Why Mike and Jake think it’s not likely that the SEC will pursue litigation in the Ripple case
46:03-How the SEC might clarify securities laws around token sales, airdrops, and exemptions
55:14-Whether Atkins’ leadership could fast-track Hester Peirce’s Safe Harbor
59:53-How the CFTC's potential lead on crypto regulation might redefine how it splits duties with the SEC
1:03:03-Whether it even makes sense to have two financial regulatory agencies
1:11:00-Who might lead the CFTC
1:13:59-Why Jake and Mike believe combining AI and crypto under one ‘czar’ makes sense
1:20:31-How the appointment of Scott Bessent for Treasury secretary will affect the crypto industry
1:25:47-How the likely end to Operation Chokepoint 2.0 will create a “sea change”
Visit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com
Thank you to our sponsors!
Polkadot
Robinhood & Arbitrum
Kelp DAO
Guests:
Mike Selig, Partner at Willkie Farr & Gallagher
Previous appearance on Unchained: Is Gary Gensler on a Mission to Put Crypto Down for Good?
Jake Chervinsky, Chief Legal Officer at Variant
Previous appearances on Unchained:
The US vs. Crypto: Jake Chervinsky on Crypto's Legal and Regulatory Status
Why the SEC vs. Ripple Order Is Now About 2 Things: Coinbase and Congress
The Chopping Block: Jake Chervinsky on How the SEC Has Lost Credibility
All Things Crypto Regulation With Jake Chervinsky
Everything You Need to Know About the Looming Battle Over Privacy in Crypto
Can Crypto Be a Force in the Midterms? Yes, Say Kristin Smith and Jake Chervinsky
Links
Trump’s Office Picks:
Unchained:
Why Trump’s SEC Chair Pick, Paul Atkins, Is So Positive for Crypto
David Sacks as A.I. & Crypto Czar? Why the Industry Was Surprised
Trump Taps Paul Atkins for Next SEC Chair, Making Good on His Crypto Promises
Democratic SEC Commissioner Is Stepping Down, but That Doesn’t Mean Trump Will Get 2 Outright Picks
Trump Taps Hedge Fund Manager Scott Bessent to Be Treasury Secretary
A Degen Administration? Why the Crypto Czar May Be Allowed to Own Tokens
Tracking Trump’s Cabinet and Staff Nominations
Congressional Results
John Reed Stark’s tweet:“current SEC Chair Gary Gensler is quietly working behind the scenes to lead the SEC from the grave”
Operation Chokepoint 2.0
Forbes: How ‘Debanking’ Tech And Crypto Companies Could Kill Businesses
Marc Andreessen and the CFPB: Debunking the Debanking Debunkers by Nic Carter
Unchained: Regulators Are Limiting Banks Serving Crypto Clients. Does That Violate the Law?
Unchained: Killed By Politics, Ex-Diem Boss Says of Meta’s Stablecoin
Learn more about your ad choices. Visit megaphone.fm/adchoices
It’s Not Just the Presidency. Congressional Races Matter a Lot for Crypto - Ep. 726
Subscribe to Unchained’s new regulatory newsletter Unregulated.
With the presidential race in the spotlight, it’s easy to overlook the powerful role that Congress could play in shaping crypto policy in the coming years. From committee chairs to legislative allies, crypto advocates are keenly focused on the outcome of key Congressional races. Kristin Smith of the Blockchain Association and Alex Grieve of Paradigm join us today to break down which races and committees are critical for crypto, why the industry is more visible in Washington than ever, and what the chances are for lame duck legislation this year.
Read more: How Congressional Committee Leadership Could Shake Out for Crypto This Election
Show highlights:
Why this election is “incredibly important” for crypto
How the presence of Fairshake is increasingly noticed by Washington
Why some committees are more important than others for the industry
Why the Senate Banking Committee is key
Whether Alex and Kristin are concerned about Sen. Warren becoming chair of the Senate Banking Committee
What could happen to the House Financial Services Committee
Who is likely to take on both of the Agricultural Committees, which is in charge of the CFTC
How the Senate Commerce affects the crypto industry
How the members of the House Energy Committee don’t have a strong stance on crypto
What the stance of the Finance Committee on crypto is
Why there is an opportunity in the House Ways and Means Committee
Whether crypto tax legislation is in the works
Who could be the SEC Chair under a Trump or Harris presidency
Who could be the next Chair of the CFTC
Whether Yellen will be replaced on Treasury, with many pro-crypto options on tap
Why the Federal Reserve matters much more if they get to regulate stablecoins
What the odds are for crypto legislation being passed this year
Visit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com
Thank you to our sponsors!
Polkadot
Mantle
Robinhood & Arbitrum
Guests:
Kristin Smith, CEO of the Blockchain Association
Kristin’s Op-ed on Unchained: In the Ongoing SAB 121 Fight, Here’s How Crypto Can Move Forward With Bipartisan Support
Previous appearances on Unchained:
Kristin Smith on Why Crypto Legislation Could Be Passed by Year's End
Can Crypto Be a Force in the Midterms? Yes, Say Kristin Smith and Jake Chervinsky
What the Crypto Industry Could See Under a Biden Administration
Alexander Grieve, VP of Government Affairs at Paradigm
Links
Previous coverage of Unchained on the elections:
With Rate Cuts and Upcoming Elections, What’s the Best Play in Crypto?
Why Congressman Ro Khanna Is Hopeful the Democratic Party Will Embrace Crypto
Why Gary Gensler Will Likely Be Out as SEC Chair No Matter Who Wins the Election
Congressman French Hill on Crypto and His Top Pick for the Next SEC Chair
Timestamps:
00:00 Intro
01:55 Why this election is pivotal for crypto
04:50 How Fairshake’s presence is catching Washington’s eye
16:39 Which committees matter most for crypto?
22:49 Why the Senate Banking Committee is crucial
28:54 Concerns about Sen. Warren as potential chair?
38:15 Possible shifts in the House Financial Services Committee
41:47 Who could control the Agricultural Committees and CFTC oversight?
47:35 How the Senate Commerce Committee impacts crypto
51:04 House Energy Committee’s stance on crypto
53:21 Finance Committee’s crypto perspective
55:03 Opportunities in the House Ways and Means Committee
57:28 Is crypto tax legislation in the works?
1:01:23 Potential SEC Chairs under Trump or Harris
1:03:57 Who could be the next CFTC Chair?
1:05:46 Will Yellen be replaced with a pro-crypto Treasury option?
1:08:06 Why the Fed’s role could be pivotal for stablecoin regulation
1:10:46 Odds of crypto legislation passing this year
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Is DeFi Illegal Now? Tornado Cash Case Update | Jake Chervinsky
Today Jake Chervinsky is back on the podcast to discuss Tornado Cash developer Roman Storm's court case and its implications on DeFi and the crypto industry. Could DeFi be made illegal in the United States? Are DeFi developers going to be prosecuted if criminals use their code? Is it just DeFi? What other sectors could be at risk? The answers to these and many other questions are discussed in today’s episode.
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------ ✨ Mint the episode on Zora ✨ https://zora.co/collect/zora:0x0c294913a7596b427add7dcbd6d7bbfc7338d53f/75?referrer=0x077Fe9e96Aa9b20Bd36F1C6290f54F8717C5674E
------ TIMESTAMPS 0:00 Intro 4:44 Roman Storm’s Case 12:52 Is DeFi at Risk? 18:20 The Ruling & Its Implications 21:29 Money Transmission Explained 25:52 Roman Storm’s Arrest 30:54 Are All DeFi Protocols At Risk? 36:17 Prosecution of Privacy 43:11 What This Ruling Means & What’s Next 48:41 Best & Worst Case Scenario 53:11 Other Sectors At Risk 57:35 Other Cases 1:03:48 Totalitarian Nightmare 1:08:21 SEC Updates 1:12:00 US Election 2024 1:17:30 Geofencing 1:23:21 Are We Winning & Conclusion ------ RESOURCES
Jake Chervinsky https://x.com/jchervinsky
Jake Chervinsky’s Tweet https://x.com/jchervinsky/status/1839412423096467753
A Practical Guide to Geofencing https://variant.fund/articles/practical-guide-to-geofencing/
Defend Roman Storm https://juicebox.money/@defend-roman-storm
------ Not financial or tax advice. See our investment disclosures here: https://www.bankless.com/disclosures
CFTC vs. Uniswap, Prediction Markets, & Crypto | Commissioner Summer Mersinger
In this episode, we speak with CFTC Commissioner Summer Mersinger about the rapidly changing world of cryptocurrency regulation. Commissioner Mersinger provides a detailed look at the differences between the CFTC and SEC, their roles in overseeing digital assets, and how the regulatory landscape is evolving with DeFi and crypto markets. She discusses the CFTC’s recent dissent in the Uniswap case, the challenges of classifying assets as commodities or securities, and the implications of U.S. regulations on the global crypto industry.
Whether you're a crypto enthusiast, a DeFi developer, or just curious about how the U.S. government is approaching these new technologies, this episode offers invaluable insights into the future of crypto regulation.
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⚡️CARTESI | LINUX-POWERED ROLLUPS https://bankless.cc/CartesiGovernance
🦄UNISWAP | BROWSER EXTENSION https://bankless.cc/uniswap
⚖️ ARBITRUM | SCALING ETHEREUM https://bankless.cc/Arbitrum
🛞MANTLE | MODULAR LAYER 2 NETWORK https://bankless.cc/Mantle
------ ✨ Mint the episode on Zora ✨ https://zora.co/collect/zora:0x0c294913a7596b427add7dcbd6d7bbfc7338d53f/72?referrer=0x077Fe9e96Aa9b20Bd36F1C6290f54F8717C5674E
------ TIMESTAMPS
0:00 Intro 5:20 Commissioner Mersinger 8:20 CFTC vs. SEC Regulation Differences 9:44 Assets: Commodities vs. Securities 21:59 Consensus on Digital Assets as Commodities 26:03 CFTC vs. SEC Rivalry Dynamics 28:25 Bureaucracy a Feature or Bug? 29:34 Overregulation in Crypto: CFTC vs. SEC 36:15 Uniswap Case: CFTC Enforcement Action 47:41 The Regulatory Paradox of Decentralized Finance 1:00:09 CFTC Enforcement Decision-Making Process 1:02:02 Addressing Crypto Prediction markets in crypto 1:15:08 Engagement for Productive Crypto Future 1:19:52 Continuing engagement and conversation is essential 1:20:55 Closing & Disclaimers
------ RESOURCES
Commissioner Summer Mersinger https://x.com/cftcmersinger
Commissioner Mersinger’s Dissent https://www.cftc.gov/PressRoom/SpeechesTestimony/mersingerstatement090424
Uniswap Action https://www.cftc.gov/PressRoom/PressReleases/8961-24
------ Not financial or tax advice. See our investment disclosures here: https://www.bankless.com/disclosures
The Chopping Block: Trump's VP Pick, SEC's Future, and Congress' Crypto Legislation - Ep 676
Welcome to The Chopping Block – where crypto insiders Haseeb Qureshi, Tom Schmidt, Robert Leshner, and Tarun Chitra explore the latest trends in the crypto world. In this episode, we invite Laura Shin and special guest Kristin Smith of the Blockchain Association to discuss the latest in crypto politics. We dive deep into JD Vance's VP candidacy alongside Donald Trump and its implications for the crypto industry. We also explore the impact of recent political events on the crypto markets, the potential outcomes of key legislative efforts, and the future of the SEC post-2024 elections. Don't miss this insightful conversation on how the shifting political landscape might shape the future of crypto in the U.S.
Show highlights
🔹The attempted assassination of Donald Trump and its effects on the crypto market, including his announcement of JD Vance as his running mate.
🔹Analysis of Trump's changing stance on crypto, and his increasing willingness to engage with the industry and its leaders.
🔹Explanation of the Vice President's role in setting financial services and innovation policy, especially in a potential Trump administration.
🔹 Speculation on whether Gary Gensler will step down if Trump wins and what this could mean for crypto regulation.
🔹 Overview of recent meetings between crypto executives and White House officials, signaling a shift in the Biden administration's approach to the industry.
🔹 Examination of the significant fundraising by crypto PACs like the Fair Shake PAC and their impact on political and regulatory decisions.
🔹Discussion on the Digital Commodities Act, market structure bills, and the challenges of passing crypto legislation in the current congressional session.
🔹 The evolving bipartisan support for crypto legislation and the importance of maintaining this support for future regulatory clarity.
Hosts
⭐️Haseeb Qureshi, Managing Partner at Dragonfly
⭐️Tom Schmidt, General Partner at Dragonfly
⭐️Laura Shin, Journalist, Author of ‘The Cryptopians,’ founder and CEO of Unchained
Guests
⭐️Kristin Smith, Chief Executive Officer of Blockchain Association
Disclosures
Timestamps
00:00 Intro
02:15 Trump & JD Vance
10:27 Politicians Stance on Crypto Policy
27:41 Crypto's Lobbying Efforts
34:56 Crypto's Political Influence
36:58 SEC Enforcement and Legal Battles
39:19 Speculations on Biden Administration's Crypto Stance
49:48 Legislative Pipeline and Market Structure Bills
01:01:36 Future of Crypto Regulation
Learn more about your ad choices. Visit megaphone.fm/adchoices
Crypto's political paradigm shift
Kristin Smith is the CEO of Blockchain Association and Anthony Scaramucci is the founder and managing partner of SkyBridge Capital.
In this episode, Smith and Scaramucci discuss the impact of crypto policy and politics on recent events, including the ETH ETF win, bipartisan support, and the influence of Trump and Biden.
The discussion highlights the significance of the crypto voter, the evolving stance of the White House, and the potential impact on elections.
OUTLINE
00:00 Introduction
00:38 Political Paradigm Shift
05:57 Biden WH Crypto Policy
08:09 Crypto 'Voting Bloc'
13:02 Trump's Crypto Flip Flop
16:33 Biden's Crypto Strategy
23:17 Closing Thoughts
This episode is brought to you by our sponsor Polkadot
Polkadot is the blockspace ecosystem for boundless innovation. To discover more head to polkadot.network
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The Block's newsletters bring you the latest news and analysis of the fast-moving crypto and DeFi markets. To subscribe, visit theblock.co/newsletters
The US vs. Crypto: Jake Chervinsky on Crypto's Legal and Regulatory Status - Ep. 635
Listen to the episode on Apple Podcasts, Spotify, Pods, Fountain, Overcast, Podcast Addict, Pocket Casts, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.
Jake Chervinsky, chief legal officer of Variant, discusses the current state of crypto regulation, touching on several ongoing legal and regulatory issues in the crypto space, including Uniswap’s Wells notice, the Coinbase case, the Tornado Cash case, the Ethereum Foundation investigation and more. Chervinsky argues that the government's approach to these cases is often misguided, particularly in instances where they hold software developers liable for how third parties use their software. He also discusses the potential implications of the government's case against Tornado Cash, suggesting that it could have far-reaching consequences for all open-source software developers.
Chervinsky also delves into the SEC's ongoing investigations into the Ethereum Foundation, as well as the recent IRS draft form that lists unhosted wallets as a type of broker. He expressed concern about the potential impact of these investigations on the crypto industry, but remained optimistic about the future of DeFi in the US.
Show highlights:
How the Tornado Cash case could set a critical precedent for open-source software
How the government’s Tornado indictment reveals a fear of unsurveilled financial systems, according to Jake
What the implications of the Tornado Cash case could be for the broader DeFi space
What lessons can be learned from the $62 million hack of Munchables on Blast
How to address the challenge of malicious actors like North Korea using a permissionless system
Whether Coinbase's staking services are considered a securities offering
Whether Judge Failla’s ruling on Coinbase acting as a broker could be overturned
Why Jake thinks the SEC will face significant challenges in its potential case against Uniswap Labs
How the Debt Box case order impacts the SEC’s reputation, according to Jake
How the industry is pushing back against the SEC’s regulation by enforcement with its own lawsuits for Lejilex and Beba
The future of DeFi in the U.S. and its potential for success, according to Jake
Why Jake believes the SEC will deny Ether ETFs and why he disagrees with the latest stablecoin regulation bill by Lummis and Gillibrand
How the U.S. Presidential election could impact the future of the crypto industry
Thank you to our sponsors!
Polkadot
Guest:
Jake Chervinsky, Chief Legal Officer at Variant
Previous appearances on Unchained:
Why the SEC vs. Ripple Order Is Now About 2 Things: Coinbase and Congress
The Chopping Block: Jake Chervinsky on How the SEC Has Lost Credibility
All Things Crypto Regulation With Jake Chervinsky
Everything You Need to Know About the Looming Battle Over Privacy in Crypto
Can Crypto Be a Force in the Midterms? Yes, Say Kristin Smith and Jake Chervinsky
Links
Tornado Cash
Jake’s amicus brief with Amanda Tuminelli
Unchained: Given the Sanctions on Tornado Cash, Is Ethereum Censorship Resistant?
Unchained: Is This the End of DeFi? Why the US Government Is Going After Tornado Cash
Munchables exploit
Unchained: Blast-Based NFT Game Munchables Recovers $62.5 Million Lost in Exploit
SEC cases:
Coinbase
Unchained:
Why the SEC’s Case Against Coinbase Is So Significant for Crypto
Court Rejects Coinbase’s Bid to Dismiss SEC Charges Against It
Uniswap
Unchained:
Gary Gensler’s Case Against Uniswap: Does the SEC Even Stand a Chance?
SEC Puts DeFi in Its Sights With Potential Uniswap Suit
Uniswap Blog Post on the Wells notice
Marvin Ammori Thread on Wells notice
Ethereum Foundation
Unchained:
SEC Investigating Ethereum Foundation Regarding Proof-of-Stake Transition: Report
The Real Reason Why the SEC Might Be Going After Ethereum
Debt Box
Unchained: SEC Sanctioned for ‘Abuse of Power’ in Debt Box Lawsuit
Beba
DeFi Education Fund and Beba sue SEC over airdrop policies
Lejilex
Lawsuit document
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Crypto vs. The World | Jake Chervinsky & Amanda Tuminelli
While there is always a lot of activity on Crypto Legal Front, this particular moment in time feels especially active. Today on the show we have Jake Chervinsky and Amanda Tuminelli, two of crypto’s most impressive lawyers.
Every single court case, of which there are 5 different ones discussed in this episode today, brings new precedent and new clarity to the crypto space. The theme of this episode today might be… crypto bites back.
------ 📣SPOTIFY PREMIUM RSS FEED | USE CODE: SPOTIFY24 https://bankless.cc/spotify-premium
------ BANKLESS SPONSOR TOOLS:
🐙KRAKEN | MOST-TRUSTED CRYPTO EXCHANGE https://k.xyz/bankless-pod-q2
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🔗CELO | CEL2 COMING SOON https://bankless.cc/Celo
🗣️TOKU | CRYPTO EMPLOYMENT SOLUTION https://bankless.cc/toku
------ TIMESTAMPS 00:00:00 Start 00:05:18 Life as a Crypto lawyer 00:10:20 Coinbase Court Case 00:15:21 Are Airdrops Securities 00:19:34 Amanda's Take 00:22:22 Some Bad News 00:27:32 When Can We Expect Clarity? 00:30:11 Politics vs Policy 00:32:39 SEC vs ETH ETFs 00:36:55 ETH ETF Denial? 00:42:59 SEC Lying? 00:50:41 Leveraging Against Corruption 00:55:17 DeFi Education Fund vs SEC 01:03:56 Roman Storm 01:15:06 Can Courts Remain Impartial? 01:16:57 Elections Impact
------ RESOURCES
Amanda https://twitter.com/amandatums
Jake https://twitter.com/jchervinsky
------ Not financial or tax advice. See our investment disclosures here: https://www.bankless.com/disclosures
Policy Series: Crypto Terrorism, FinCEN vs Mixers, and IRS Tax Updates | Rebecca Rettig and Jake Chervinsky
In the latest episode of the Empire Policy Series, Santi hosts Rebecca Rettig and Jake Chervinsky to delve into recent allegations of Hamas leveraging cryptocurrency for terrorism funding, FinCEN's upcoming rules concerning crypto mixers, and the IRS's evolving crypto tax regulations. The trio also dissect the the forthcoming 3-6 months of crypto regulation and discuss recent bipartisan legislative triumphs in the stablecoin domain. To close out both Rebecca and Jake highlight the need for industry-wide collaboration to ensure regulations both foster innovation and effectively mitigate inherent risks.
- -
Timestamps:
(0:00) Introduction
(1:31) Is Crypto Financing Terrorism?
(11:37) Policy Maker Responses to Crypto Terrorism
(18:34) Chainalysis Ad
(19:38) Mixer Rule by Financial Crimes Enforcement Network
(31:49) Defining the Mixer Use Case
(45:22) Tax Provision for Crypto
(51:59) Regulatory Outlook
- -
Follow Rebecca: https://twitter.com/RebeccaRettig1
Follow Jake: https://twitter.com/jchervinsky
Follow Jason: https://twitter.com/JasonYanowitz
Follow Santi: https://twitter.com/santiagoroel
Follow Empire: https://twitter.com/theempirepod
Subscribe on YouTube: https://tinyurl.com/4fdhhb2j
Subscribe on Apple: https://tinyurl.com/mv4frfv7
Subscribe on Spotify: https://tinyurl.com/wbaypprw
Get top market insights and the latest in crypto news. Subscribe to Blockworks Daily Newsletter: https://blockworks.co/newsletter/
- -
This episode is brought to you by Chainalysis.
Chainalysis is the blockchain data platform. We provide data, software, services, and research to government agencies, web3 companies, financial institutions, and insurance and cybersecurity companies. Our data powers investigation, compliance, and business intelligence software that has been used to solve some of the world’s most high-profile criminal cases.
For more information, visit www.Chainalysis.com/empire.
- -
Resources
Submit a comment on regulation
https://www.protectdefi.org/
DeFi Education Fund
https://www.defieducationfund.org/
The Blockchain Association
https://theblockchainassociation.org/
https://twitter.com/BlockchainAssn
- -
Disclaimer: Nothing said on Empire is a recommendation to buy or sell securities or tokens. This podcast is for informational purposes only, and any views expressed by anyone on the show are solely our opinions, not financial advice. Santiago, Jason, and our guests may hold positions in the companies, funds, or projects discussed.
Policy Corner: Grayscale ETF, Uniswap Dismissal, Tornado Cash Indictment | Rebecca Rettig, Jake Chervinsky
Jason is joined by Rebecca Rettig and Jake Chervinsky in today's special Policy Series episode to tackle the monumental implications of Grayscale ETF decision, Uniswap case dismissal and Tornado Cash indictments. They discuss how these decisions could impact the broader industry and what's coming up next for Bitcoin ETF decisions.
- -
Timestamps:
(00:00) Introduction
(01:37)The Importance of Grayscale ETF Victory
(11:20) “Chainalysis Ad”
(12:24) ETF Consequences & What's Next?
(28:48) Uniswap Case Dismissal
(36:52) Impacts of Decisions
(39:39) Creating a New Asset Class
(41:27) Cravath Paper & Tornado Cash Indictment
- -
Follow Rebecca: https://twitter.com/RebeccaRettig1
Follow Jake: https://twitter.com/jchervinsky
Follow Jason: https://twitter.com/JasonYanowitz
Follow Santi: https://twitter.com/santiagoroel
Follow Empire: https://twitter.com/theempirepod
Subscribe on YouTube: https://tinyurl.com/4fdhhb2j
Subscribe on Apple: https://tinyurl.com/mv4frfv7
Subscribe on Spotify: https://tinyurl.com/wbaypprw
Get top market insights and the latest in crypto news. Subscribe to Blockworks Daily Newsletter: https://blockworks.co/newsletter/
- -
This episode is brought to you by Chainalysis.
Chainalysis is the blockchain data platform. We provide data, software, services, and research to government agencies, web3 companies, financial institutions, and insurance and cybersecurity companies. Our data powers investigation, compliance, and business intelligence software that has been used to solve some of the world’s most high-profile criminal cases.
For more information, visit www.Chainalysis.com/empire.
- -
Resources:
Grayscale ETF
https://twitter.com/jchervinsky/status/1696544309699363201
https://blockworks.co/news/judges-grayscale-sec-ruling
https://twitter.com/MTCoppel/status/1696856472762683814
Uniswap Case Dismissal
https://blockworks.co/news/uniswap-class-action-dismissed
https://twitter.com/haydenzadams/status/1696991910370411003
Cravath Paper & Tornado Cash
https://twitter.com/Cravath/status/1697693810363351358?s=20
https://twitter.com/RebeccaRettig1/status/1697716451358982364
Crypto Use-cases
thevaluedrop.io
The Blockchain Association
https://theblockchainassociation.org/
https://twitter.com/BlockchainAssn
- -
Disclaimer: Nothing said on Empire is a recommendation to buy or sell securities or tokens. This podcast is for informational purposes only, and any views expressed by anyone on the show are solely our opinions, not financial advice. Santiago, Jason, and our guests may hold positions in the companies, funds, or projects discussed.
Blockchain Association CEO unpacks market structure bill that could bring clarity for digital assets
Kristin Smith is the CEO of Blockchain Association — one of the top crypto policy advocacy groups in the U.S.
In this episode, Smith unpacks the intricacies of the pending market structure bill set to make its way through Congress this fall, highlighting its potential to bring crypto regulatory clarity in the U.S. once and for all.
According to Smith, the bill could be what's needed to bring in greater institutional participation and mainstream adoption:
"It's something that we think that if it were to move forward, would give a lot of confidence to institutional investors, to traditional tech companies and other players to enter this space because they know there is a clear and workable regulatory framework in place."
Outline:
00:40 - Current State of Crypto in DC
05:00 - Token Taxonomy Act (2018)
07:24 - 2023 Congressional Crypto Outlook
09:02 - Stablecoin Legislation
13:20 - Market Structure Legislation
16:24 - XRP Ruling
24:46 - Treasury Department & Crypto
28:07 - Anti-Crypto Congressional Sentiment
29:48 - Aliens
31:55 - 2024 Presidential Candidates & Crypto
Policy Series: The Ripple Effect | Rebecca Rettig, Jake Chervinsky
Join Santi and guests Rebeca Rettig and Jake Chervinsky in today's special Policy Series episode as they discuss the landmark Ripple case and its monumental impact. Explore the implications for future legislation, token sales practices, decentralization & governance, and get updates on MiCA & EU regulations.
- -
Timestamps:
(00:00) Introduction
(01:24) Landmark Ripple Case
(14:00) Verdict Impact on Industry Financing
(19:08) What's Next for Ripple Case?
(24:35) Influence on Future Legislation
(28:36) Token Sales in Practice
(38:31) Decentralization & Governance
(48:57) Digital Asset Market Structure Proposal
(56:25) Updates on MiCA & EU
(01:01:18) Call Your Representatives
(01:09:02) Futures Curve
(01:15:07) Recession Risk
- -
Follow Rebecca: https://twitter.com/RebeccaRettig1
Follow Jake: https://twitter.com/jchervinsky
Follow Jason: https://twitter.com/JasonYanowitz
Follow Santi: https://twitter.com/santiagoroel
Follow Empire: https://twitter.com/theempirepod
Subscribe on YouTube: https://tinyurl.com/4fdhhb2j
Subscribe on Apple: https://tinyurl.com/mv4frfv7
Subscribe on Spotify: https://tinyurl.com/wbaypprw
Get top market insights and the latest in crypto news. Subscribe to Blockworks Daily Newsletter: https://blockworks.co/newsletter/
- -
This episode is brought to you by Chainalysis.
Chainalysis is the blockchain data platform. We provide data, software, services, and research to government agencies, web3 companies, financial institutions, and insurance and cybersecurity companies. Our data powers investigation, compliance, and business intelligence software that has been used to solve some of the world’s most high-profile criminal cases.
For more information, visit www.Chainalysis.com/empire.
- -
Resources
Crypto Usecases
thevaluedrop.io
The Blockchain Association
https://theblockchainassociation.org/
https://twitter.com/BlockchainAssn
- -
Disclaimer: Nothing said on Empire is a recommendation to buy or sell securities or tokens. This podcast is for informational purposes only, and any views expressed by anyone on the show are solely our opinions, not financial advice. Santiago, Jason, and our guests may hold positions in the companies, funds, or projects discussed.
Why the SEC vs. Ripple Order Is Now About 2 Things: Coinbase and Congress - Ep. 520
XRP isn’t itself a security; it depends on how it’s sold. So said a federal judge last Thursday in the SEC vs. Ripple case and the implications are significant. Jake Chervinsky, chief policy officer at the Blockchain Association, and lawyer Kayvan Sadeghi, partner at Jenner & Block, join the show to discuss two major ramifications. One: U.S. District Judge Analisa Torres dealt a major blow to the legal theory underpinning the SEC’s case against Coinbase. Two: This order really “lights a fire” under U.S. lawmakers to act on a pair of crypto bills in Congress.
Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.
Show highlights:
why this is an “extraordinary victory” for the industry, according to Jake
whether Judge Torres made the right decision
how the SEC could seek an interlocutory appeal to halt the case, though it’s unlikely
what are the pending items in the case that need to be resolved
why the order that Judge Torres issued is not a final judgment
why it is more important to look at the transaction, not at the nature of the asset, to determine whether something should be deemed a security
whether the SEC has the authority to call digital assets securities
the significance of the “major questions doctrine”
how the order in the Ripple case will affect other cases like the Coinbase one
whether exchanges should re-list XRP
why this case could be instrumental in steering the direction of crypto regulation in the U.S.
whether other crypto tokens like SOL or MATIC should feel relieved with this new ruling
why Jake says that this case will speed up the chances of crypto legislation getting passed
what the differences are between the current crypto bills that are being proposed
whether SEC Chair Gary Gensler should recuse himself from enforcement actions in the crypto industry
Thank you to our sponsors!
Crypto.com
Arbitrum Foundation
TOKEN2049
Guests:
Jake Chervinsky, chief policy officer at the Blockchain Association
Previous appearances on Unchained: The Chopping Block: Jake Chervinsky on How the SEC Has Lost Credibility
All Things Crypto Regulation With Jake Chervinsky
Everything You Need to Know About the Looming Battle Over Privacy in Crypto
Can Crypto Be a Force in the Midterms? Yes, Say Kristin Smith and Jake Chervinsky
Kayvan Sadeghi, partner at Jenner & Block and co-chair of the fintech and crypto assets practice.
Links:
Previous coverage of Unchained on the Ripple case:
New Order in SEC vs. Ripple Over XRP Is a Win for Crypto: What Happens Now?
The Chopping Block: Should XRP Holders Really Be Rejoicing?
The SEC's Lawsuit Against Ripple and 2 Execs: What You Need to Know
Ripple's XRP: Why Its Chances of Success Are Low
SEC vs Ripple: Judge Rules XRP Sold on Exchanges Is Not a Security
CoinDesk:
Ripple, Crypto Industry Score Partial Win in SEC Court Fight Over XRP
Ripple Labs Ruling Throws U.S. Crypto-Token Regulation into Disarray
The Washington Post: Ripple ruling threatens SEC’s crypto regulation push
Chair Gensler Must Recuse Himself From Digital Asset Enforcement Decisions - Blockchain Association
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Policy Series: It's Time To Go On Offense | Rebecca Rettig, Jake Chervinsky
Today we are joined by Rebecca Rettig and Jake Chervinsky to discuss the SEC's attack on crypto and how the industry needs to respond. Rebecca and Jake explore the SEC lawsuits, the McHenry-Thompson Bill, their expected US regulation timeline, DC's sentiment and more! Regulation and policy are becoming must-know topics for crypto participants, and this is your go-to source for everything you need to know. This is the second episode in an ongoing regulatory and policy series with Jake and Rebecca!
- -
Timestamps:
(00:00) Introduction
(00:53) The SEC Lawsuits: What’s Next?
(10:53) “Chainalysis Ad”
(11:57) The SEC Lawsuits: What’s Next?
(16:02) We Need a Use Case to Show Regulators
(21:06) The McHenry-Thompson Bill
(38:23) Unprecedented Action by the SEC
(45:47) MiCA, Global Legislation and the US’s Timeline
(54:10) Non-Custodial Tax Reporting
(56:18) DC's Sentiment: FTX Still Lingers
- -
Follow Rebecca: https://twitter.com/RebeccaRettig1
Follow Jake: https://twitter.com/jchervinsky
Follow Jason: https://twitter.com/JasonYanowitz
Follow Santi: https://twitter.com/santiagoroel
Follow Empire: https://twitter.com/theempirepod
Subscribe on YouTube: https://tinyurl.com/4fdhhb2j
Subscribe on Apple: https://tinyurl.com/mv4frfv7
Subscribe on Spotify: https://tinyurl.com/wbaypprw
Get top market insights and the latest in crypto news. Subscribe to Blockworks Daily Newsletter: https://blockworks.co/newsletter/
- -
This episode is brought to you by Chainalysis. Chainalysis is the blockchain data platform. We provide data, software, services, and research to government agencies, web3 companies, financial institutions, and insurance and cybersecurity companies. Our data powers investigation, compliance, and business intelligence software that has been used to solve some of the world’s most high-profile criminal cases. For more information, visit www.Chainalysis.com/empire.
- -
Resources:
The Blockchain Association
https://theblockchainassociation.org/
https://twitter.com/BlockchainAssn
Polygon
https://polygon.technology/
- -
Disclaimer: Nothing said on Empire is a recommendation to buy or sell securities or tokens. This podcast is for informational purposes only, and any views expressed by anyone on the show are solely our opinions, not financial advice. Santiago, Jason, and our guests may hold positions in the companies, funds, or projects discussed.
The Chopping Block: Jake Chervinsky on How the SEC Has Lost Credibility - Ep. 503
Welcome to “The Chopping Block” – where crypto insiders Haseeb Qureshi, Tom Schmidt, Tarun Chitra, and Robert Leshner, chop it up about the latest news. In this episode, the Blockchain Association’s Jake Chervinsky breaks down the cases against Binance and Coinbase – and how they are different from FTX – what it means for the crypto industry, and who may be next.
Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, TuneIn, Amazon Music, or on your favorite podcast platform.
Show highlights:
Why Jake believes that the Binance lawsuit didn’t present major surprises
Whether the SEC is trying to ban the crypto industry by enforcement
How Binance has been allegedly doing a huge amount of wash trading
Whether Gemini is next on the SEC’s enforcement action list
How CZ and Coinbase CEOs have responded to the complaints
How the market reacted to the lawsuits
What the differences are between the Binance case and FTX
Why the SEC is alleging that Coinbase is operating as an unregistered broker, exchange, and clearing agency
Whether token issuers can bring action against the SEC for harming their business or reputation
Whether the crypto industry doesn’t take the SEC seriously
Whether the EOS settlement in 2019 shows how inconsistent the SEC has been in its crypto enforcement actions
Whether these cases will have an impact in Congress and accelerate legislation
What would happen if Gary Gensler stops being the chair of the SEC
Hosts
Haseeb Qureshi, managing partner at Dragonfly
Robert Leshner, founder of Compound
Tom Schmidt, general partner at Dragonfly
Tarun Chitra, managing partner at Robot Ventures
Guest
Jake Chervinsky, chief policy officer at the Blockchain Association
Previous Unchained Appearances:
Can Crypto Be a Force in the Midterms? Yes, Say Kristin Smith and Jake Chervinsky
Everything You Need to Know About the Looming Battle Over Privacy in Crypto
All Things Crypto Regulation With Jake Chervinsky
Disclosures
Links
Unchained:
SEC Sues Coinbase for Breaking Securities Laws
SEC Files Motion to Freeze Binance’s Assets, Asks for ‘Sworn Accounting’
SEC Files 13 Charges Against Binance Including the Mishandling of Funds, Sale of Unregistered Securities
SEC Calls Solana, Polygon, Algorand and Other Tokens Securities but Misses Ether in Binance Lawsuit
US House Republicans Propose Bill That May Give Crypto Assets a Path to Becoming Commodities
Fortune: Former Coinbase employee and his brother settle with the SEC, which again dodges proving whether cryptocurrencies are securities
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Will the SEC Kill Crypto? with Jake Chervinsky & Amanda Tuminelli
Joining us today are the best in the biz Chervinsky & Amanda Tuminelli who are here to answer all our questions about the SEC and it's assault on the crypto industry as a whole. ------ 📣 ASYMETRIX | STAKE stETH NOW https://bankless.cc/asymetrix-pod
------ 🚀 Airdrop Alpha is waiting for you on Bankless.com https://bankless.cc/Alpha
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🗣️TOKU | CRYPTO EMPLOYMENT SOLUTION https://bankless.cc/Toku
🎮IMMUTABLE | GAMING ECOSYSTEM https://bankless.cc/Immutable
🛞MANTLE | MODULAR LAYER 2 NETWORK https://bankless.cc/Mantle
------ CHAPTERS 0:00 Intro 6:05 Who are Jake and Amanda? 8:08 Breaking Down This Historical Moment 11:19 The SEC Never Wanted Crypto To Win 14:56 Why Is Gary So Confident? 18:43 David's Conspiracy Theory 23:52 What if Gary Actually Wins? 31:07 Clarity From The Court Date? 35:01 Does Gary Just Want the Fame? 36:49 Why The SEC Rejects Public Process 38:34 Is This Un-Constitutional? 44:06 Jake's Optimistic Take 48:14 The Digital Asset Bill 52:44 How YOU Can Take Action ----- Not financial or tax advice. This channel is strictly educational and is not investment advice or a solicitation to buy or sell any assets or to make any financial decisions. This video is not tax advice. Talk to your accountant. Do your own research.
Disclosure. From time-to-time I may add links in this newsletter to products I use. I may receive commission if you make a purchase through one of these links. Additionally, the Bankless writers hold crypto assets. See our investment disclosures here: https://www.bankless.com/disclosures
Policy Series: Why The US Is Falling Behind | Rebecca Rettig, Jake Chervinsky
Today we are joined by Rebecca Rettig and Jake Chervinsky to discuss the state of crypto regulation. Rebecca and Jake explain how the US is falling behind, the EU's MiCA regulation, the SEC's attack on Coinbase, Gary's false sense of control and the hottest crypto bills in DC. Regulation and policy are becoming must-know topics for crypto participants, and this is your go-to source for everything you need to know. This is the first episode in an ongoing regulatory and policy series with Jake and Rebecca!
- -
Timestamps:
(00:00) Introduction
(00:40) The State of Crypto Regulation
(02:36) Europe's MiCA Legislation
(11:10) “Chainalysis Ad”
(12:14) Coinbase’s Offshore Expansion
(14:11) The UK’s Approach and What’s Next for the EU
(19:07) Gary Gensler’s April Testimony
(22:45) Coinbase’s Fight with the SEC
(30:08) Warren Marshall Bill
(35:21) The US Policy Outlook
- -
Follow Rebecca: https://twitter.com/RebeccaRettig1
Follow Jake: https://twitter.com/jchervinsky
Follow Jason: https://twitter.com/JasonYanowitz
Follow Santi: https://twitter.com/santiagoroel
Follow Empire: https://twitter.com/theempirepod
Subscribe on YouTube: https://tinyurl.com/4fdhhb2j
Subscribe on Apple: https://tinyurl.com/mv4frfv7
Subscribe on Spotify: https://tinyurl.com/wbaypprw
Get top market insights and the latest in crypto news. Subscribe to Blockworks Daily Newsletter: https://blockworks.co/newsletter/
- -
This episode is brought to you by Chainalysis.
Chainalysis is the blockchain data platform. We provide data, software, services, and research to government agencies, web3 companies, financial institutions, and insurance and cybersecurity companies. Our data powers investigation, compliance, and business intelligence software that has been used to solve some of the world’s most high-profile criminal cases. For more information, visit www.Chainalysis.com/empire.
- -
Resources:
Coinbase's response to the SEC’s Wells notice
https://www.coinbase.com/blog/coinbase-responds-to-the-secs-wells-notice
The Blockchain Association
https://theblockchainassociation.org/
https://twitter.com/BlockchainAssn
Polygon
https://polygon.technology/
- -
Disclaimer: Nothing said on Empire is a recommendation to buy or sell securities or tokens. This podcast is for informational purposes only, and any views expressed by anyone on the show are solely our opinions, not financial advice. Santiago, Jason, and our guests may hold positions in the companies, funds, or projects discussed.
Gary Swings at Crypto, While BLUR Soars | Roundup
In today’s episode of Empire, we start with a deep regulatory discussion with Kristin Smith and Rebecca Rettig to explore Gary's attack on crypto. We cover the SEC's attack against Kraken and BUSD, tokens as securities, market implications, what to expect next and more!
Santi and Jason co-pilot the last 25 minutes to discuss Blur's airdrop, the battle for NFT market share, the L2 wars and Flashbots' new MEV-Share product. This episode covers everything you need to know from this wild week!
- -
Timestamps:
(00:00) Introduction
(02:55) An attack on Stablecoins?
(06:34) Kraken and staking services
(10:22) Why is Gary gunning for crypto?
(14:09) The Implications and path forward
(27:37) What if tokens were deemed securities?
(32:30) Blockworks Research
(34:05) How should crypto companies respond?
(40:22) Regulation segment recap
(51:25) Blur's airdrop, OpenSea losing market share
(59:10) L2 Wars, Flashbots MEV-Share, Sushi Studios
- -
Follow Santi: https://twitter.com/santiagoroel
Follow Jason: https://twitter.com/JasonYanowitz
Follow Kristin: https://twitter.com/KMSmithDC
Follow Rebecca: https://twitter.com/RebeccaRettig1
Follow Empire: https://twitter.com/theempirepod
Subscribe on YouTube: https://tinyurl.com/4fdhhb2j
Subscribe on Apple: https://tinyurl.com/mv4frfv7
Subscribe on Spotify: https://tinyurl.com/wbaypprw
Get top market insights and the latest in crypto news. Subscribe to Blockworks Daily Newsletter: https://blockworks.co/newsletter/
- -
Resources
Blockchain Association
https://twitter.com/BlockchainAssn
Polygon
https://twitter.com/0xPolygon
Empire podcast with Rebecca Rettig and Jake Chervinsky
https://spoti.fi/3YTMfoh
Flasbots MEV-Share article
http://bit.ly/3S7g9TO
Categorizing different zk implementations (a Twitter thread)
https://twitter.com/pseudotheos/status/1622698514475061252?s=20
- -
Disclaimer: Nothing said on Empire is a recommendation to buy or sell securities or tokens. This podcast is for informational purposes only, and any views expressed by anyone on the show are solely our opinions, not financial advice. Santiago, Jason, and our guests may hold positions in the companies, funds, or projects discussed.
The Regulatory Impact of FTX | Kristin Smith, Jake Chervinsky
In this episode of Empire, Kristin Smith and Jake Chervinsky join us to discuss how FTX's collapse will impact crypto regulation.
SBF was the poster child of crypto in D.C. - how will his fallout damage crypto's reputation? Did regulators fail consumers, and how will they respond? What are the shortcomings of the DCCPA bill? How important are the political midterms, and what is happening in the securities vs commodities debate? Tune in to find out!
- -
Timestamps:
(00:00) Introduction
(00:54) SBF’s Unbelievable Damage
(07:17) How Active Was SBF In D.C.?
(09:52) The First Red Flags & DCCPA Threats
(22:56) Where Regulators Failed
(27:32) Expected Reaction From D.C.
(33:43) Circle Ad
(35:26) DCCPA Overview & Its Impact On DeFi
(47:53) What The Midterms Mean For Crypto
(50:55) The Litigation Phase
(55:07) LBRY, Ripple & Progressive Decentralization
(1:03:45) A Path Forward
- -
Follow Kristin: https://twitter.com/KMSmithDC
Follow Jake: https://twitter.com/jchervinsky
Follow Jason: https://twitter.com/JasonYanowitz
Follow Empire: https://twitter.com/theempirepod
Subscribe on YouTube: https://tinyurl.com/4fdhhb2j
Subscribe on Apple: https://tinyurl.com/mv4frfv7
Subscribe on Spotify: https://tinyurl.com/wbaypprw
Get top market insights and the latest in crypto news. Subscribe to Blockworks Daily Newsletter: https://blockworks.co/newsletter/
--
Circle’s USDC has quickly become one of the most trusted and widely used stablecoins because of its composability, stability and reserve transparency. As a seamless, trusted digital currency, USDC is a zero-to-one opportunity for the global financial system. Check out their Transparency Hub at http://empirepodcast.link/circle that outlines everything from links to USDC weekly reserve reports, monthly attestations, and blog posts written by their executive team highlighting how and why USDC was built the way it is.
- -
Resources
Jake's tweet thread on DCCPA
https://twitter.com/jchervinsky/status/1570451252852527104
Brian Amstrong's response to Elizabeth Warren
https://twitter.com/brian_armstrong/status/1590511022104010753
Ron Hammond's tweet thread on FTX/SBF
https://twitter.com/ronwhammond/status/1590741692348772352
Blockchain Association website
https://theblockchainassociation.org/
- -
Disclaimer: Nothing said on Empire is a recommendation to buy or sell securities or tokens. This podcast is for informational purposes only, and any views expressed by anyone on the show are solely our opinions, not financial advice. Santiago, Jason, and our guests may hold positions in the companies, funds, or projects discussed.
Kristin Smith on Why Crypto Legislation Could Be Passed by Year's End - Ep. 404
Kristin Smith, Executive Director of the Blockchain Association, comes to talk about Tornado Cash, the lawsuit against Ooki DAO, the SEC charges against Kim Kardashian, and crypto legislation.
Show highlights:
whether regulators did not understand the implications of sanctioning smart contracts
the necessity of having a conversation around financial privacy
whether the government wants sanctions compliance at the base layer
the reasons behind the CFTC lawsuit against Ooki DAO
why the SEC settled charges with Kim Kardashian and whether it was a publicity stunt
the chances of the different crypto bills becoming law
why Kristin thinks stablecoin legislation won’t come this year
whether the CFTC being the main regulator of crypto settles the question of crypto being securities or commodities
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The lawsuit against Ooki DAO
Previous coverage of Unchained on Ooki DAO: Why the Ooki DAO Case Could Hurt Participation in DAOs
CFTC Filing
$250,000 fine
CoinDesk’s Nik De’s analysis
CFTC Commissioner Summer Mersinger’s dissenting statement
Jake Chervinsky’s opinion
Ooki DAO’s options
CFTC serving the members of the Ooki DAO via their forum
Tim Copeland’s article on what’s next for DAOs
A federal court ruled that the CFTC legally served Ooki DAO through a website help bot.
The LeXpunK Army filed a motion for amicus status in the SEC case against bZx/Ooki DAO.
Crypto group DeFi Education Fund argued that the CFTC should properly serve Ooki DAO’s actual members, not just the DAO at large.
Tornado Cash
Treasury Press release
Previous coverage of the Tornado Cash sanctions on Unchained:
Is TRM Labs Blocking Addresses From DeFi Protocols? Ari Redbord Says No
Tornado Cash Sanctioned. Did the Government Overstep Its Bounds?
The Chopping Block: Did OFAC Overstep by Sanctioning Tornado Cash?
Given the Sanctions on Tornado Cash, Is Ethereum Censorship Resistant?
Preston Van Loon on Ethereum's Merge and His Lawsuit Against Treasury
Legislation
Digital Commodities Consumer Protection Act of 2022
Europe’s MiCa bill
Previous coverage of Unchained on legislation:
Why Senator Pat Toomey Thinks SEC Chair Gary Gensler Is Wrong About Crypto
Congressman Ro Khanna: How to Get More Democrats into Web3
Why the Crypto Industry Believes SEC Regulation by Enforcement Hurts US Consumers
SEC charges against Kim Kardashian
The SEC fined reality TV star Kim Kardashian $1.26 million for promoting a crypto security without proper disclosure.
Fortune article: The SEC’s Kardashian fine was a dumb publicity stunt
Stablecoins
Stablecoin Draft Bill
Bloomberg article: Senator Pat Toomey Still Sees Chance of Stablecoin Legislation This Year
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Kristin Smith unpacks the new Blockchain Association PAC
The Blockchain Association recently launched a new political action committee (PAC) designed to build relationships with pro-crypto Congressional candidates.
In this episode of The Scoop, the Blockchain Association’s Executive Director Kristin Smith shares the objectives of the new Blockchain Association PAC, and why she believes Congress is the appropriate authority to design a regulatory framework for the crypto industry.
As Smith explains, the Blockchain Association PAC is intended to promote pro-crypto candidates:
“For us, this PAC is really about building relationships… This isn't the type of PAC where we go and buy a bunch of airtime or print out a bunch of mailers and spend a few hundred thousand dollars or $1,000,000 in a single race.”
While SEC Chair Gary Gensler recently remarked that multiple crypto regulators could undermine the SEC’s efforts, Smith believes the Congress is in the best position to effectuate change:
“We need Congress to step in and help sort through these issues because they are the ones that can grant new authority and they're the ones that have the flexibility to design a regulatory system that matches the risks that we see in crypto.”
Episode 94 of Season 4 of The Scoop was recorded at SALT New York 2022 on September 13 with The Block's Frank Chaparro, and Blockchain Association's Executive Director Kristin Smith.
Listen below, and subscribe to The Scoop on Apple, Spotify, Google Podcasts, Stitcher or wherever you listen to podcasts. Email feedback and revision requests to podcast@theblockcrypto.com.
This episode is brought to you by our sponsor Tron
About Tron
TRON is dedicated to accelerating the decentralization of the internet via blockchain technology and decentralized applications (dApps). Founded in September 2017 by H.E. Justin Sun, the TRON network has continued to deliver impressive achievements since MainNet launch in May 2018. July 2018 also marked the ecosystem integration of BitTorrent, a pioneer in decentralized Web3 services boasting over 100 million monthly active users. The TRON network completed full decentralization in December 2021 and is now a community-governed DAO. | TRONDAO | Twitter | Discord |
The State of Crypto Regulation | Rebecca Rettig and Jake Chervinsky
In this episode of Empire, Jason and Santi are joined by Rebecca Rettig and Jake Chervinsky to discuss the state of crypto regulation. We explore what Tornado Cash sanctions mean for crypto, how to define decentralization, if tokens will be considered securities, Ethereum censorship, what to expect from future regulation and more!
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(00:00) Introduction
(01:18) Tornado Cash Sanctions
(16:09) Defining Decentralization
(26:17) What Has Been Most Damaging to Crypto?
(31:03) Do Regulators Understand the Nuances of Crypto?
(37:35) What Regulations Should Be Prioritized Today?
(39:27) A Focus on User Protection
(46:17) Getting Congress on Our Side
(59:45) The SEC's Attack on Crypto (Coinbase)
(1:01:02) Uniswap Fee Switch Implications
(1:08:17) ETH Validators & OFAC Compliance
(1:19:27) Permissionless vs Permissioned DeFi
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Disclaimer: Nothing said on Empire is a recommendation to buy or sell securities or tokens. This podcast is for informational purposes only, and any views expressed by anyone on the show are solely our opinions, not financial advice. Santiago, Jason, and our guests may hold positions in the companies, funds, or projects discussed.
The Death of Crypto Privacy? with Jake Chervinsky
On today's State of the Nation, it's time to bring back the crypto legal mind of Jake Chervinsky. With the recent OFAC sanctions against Tornado Cash and the cascading chilling effect, our digital rights are under attack.
Have we seen the death of crypto privacy? What can we do to help advocate for digital justice? As always, Jake brings a thoughtful and measured approach to these crucial topics.
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Jake Chervinsky on Tornado Cash Sanctions: The Rightful Outrage and the Need to Further Decentralize DeFi
This week on The Defiant Podcast we speak to Jake Chervinsky, the executive vice president and head of policy at Blockchain Association, a non-profit trade association representing the crypto industry in Washington DC. Jake is one of the most qualified to discuss the US Treasury Department sanctioning Tornado Cash, a development that’s caused shockwaves through crypto.
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