Brookwood PC

Gabriel Shapiro, general counsel at Delphi Labs, and Collins Belton, managing partner at Brookwood P.C., dive into the controversial case of Avi Eisenberg, the self-described “applied game theorist” who was arrested in Puerto Rico on Dec. 26 on market manipulation and fraud charges. The two crypto lawyers discuss the case’s potential impact on DeFi and DAO governance — and whether “code is law” stands a chance in the courtroom. Show highlights: whether Avi’s manipulation of the markets constitutes fraud  debating the crypto maxim “code is law” whether it’s wrong to use DeFi code in a “smarter way” how the Mango Markets exploit happened due to poor governance management whether crypto should be regulated from the securities angle or the commodities angle the consequences of Avi’s arrest for the DeFi space whether MEV could constitute market manipulation, even if it’s democratized for everybody the role of DAOs and whether early-stage projects should maintain some level of centralization how DAOs could be designed to have better mechanisms in order to deal with potential issues whether members of the Mango Markets DAO are liable because of their role in designing the system how Avi was “naive” to think he could avoid legal liability by returning the funds why Gabe thinks credit protocols are socially positive and why he hopes that prosecutors won’t “throw everyone in jail” Thank you to our sponsors! Crypto.com DeFi Saver Links Guests: Gabriel: Twitter Delphi Labs Gabriel’s Twitter thread on the case Previous appearances on Unchained:  The SEC's Lawsuit Against Ripple and 2 Execs: What You Need to Know Collins: Twitter LinkedIn Previous appearances on Unchained: How the Greatest Decentralizing Force for Crypto Projects Is the SEC Episode Links:  Previous coverage of Unchained on Avi Eisenberg and the Mango Markets exploit:  The Mango Markets Attacker on Whether His 'Trade' Was Ethical or Not - Ep. 413 The Chopping Block: 'Code Is Law' Is 'Obviously Not How Anything Works Ever' The Chopping Block: SBF Wants to Win in the Court of Public Opinion. Will He? - Ep. 428 Mango Markets exploit Explanation Avi’s “Highly profitable trading strategy” Twitter thread Unchained:  Mango Markets Exploiter Arrested on Market Manipulation Charges Mango Markets Exploiter Gets Liquidated But Leaves Aave With ‘Excess Debt’ Mango Markets $42M Reimbursement Proposal Passes Mango Markets Exploiter Returns $67M After Revealing His Identity Mango Markets Hacker Proposes Keeping $70M ‘Bad Debt’ As Bounty Solana’s Mango Markets Sees $100M Drained in DeFi Exploit Chaindebrief: How Manipulation On AAVE And CURVE Went Wrong, Attacker Got Rekted Instead The Defiant: Another Fork Bites the Dust: The Looming Fall of Fortress DAO and the Perils of Off-Chain Governance Karlstack: EXCLUSIVE: The Man Who May Have Milked $100+ Million from Mango Markets CoinDesk: The Impact of Avraham Eisenberg’s Case on the Future of Crypto Mango Markets Exploiter Eisenberg Arrested in Puerto Rico Mango Exploiter's Funds Get Liquidated After Roiling Aave Using $20M of Borrowed Curve Tokens Complaint CNBC: Decoding The Avraham Eisenberg Arrest And Its Impact On Crypto Bug Bounties, White Hat Hackers Decrypt: Mango Markets Attacker Avraham Eisenberg Arrested, Charged With 'Market-Manipulation Offenses' Protos: Who is Avraham Eisenberg and why is he all over Crypto Twitter? Crypto Briefing: Curve Whipsaws 75% as DeFi Degens Squeeze Avraham Eisenberg New Filing: CFTC charges Avi Eisenberg Learn more about your ad choices. Visit megaphone.fm/adchoices

Gabriel Shapiro

General Counsel

Delphi LabsBLBSV Law

Collins Belton

Founding Partner

Brookwood PCBrookwood P.C.

On Monday, the U.S. Treasury Department made a smart contract illegal.  They can do that??  David walks you through the news, with multiple interviews from Jerry Brito and Collins Belton, two experts in the matter.  Let us know how you like the format! ------ 🚀 SUBSCRIBE TO NEWSLETTER:          https://newsletter.banklesshq.com/    🎙️ SUBSCRIBE TO PODCAST:                 http://podcast.banklesshq.com/    ------ BANKLESS SPONSOR TOOLS:  ⚖️ ARBITRUM | SCALED ETHEREUM https://bankless.cc/Arbitrum  ❎ ACROSS | BRIDGE TO LAYER 2 https://bankless.cc/Across  🏦 ALTO IRA | TAX-FREE CRYPTO https://bankless.cc/AltoIRA  👻 AAVE V3 | LEND & BORROW CRYPTO https://bankless.cc/aave  ⚡️ MAKER DAO | THE DAI STABLECOIN  https://bankless.cc/MakerDAO  🦁 BRAVE | THE BROWSER NATIVE WALLET https://bankless.cc/Brave  ------ Topics Covered: 0:00 Intro Opening Shot: https://twitter.com/RyanSAdams/status/1556743328774995971?s=20&t=OzfqFxxolrjhwZICo4KV6w  Ripple Effects: https://twitter.com/collins_belton/thread/1556650759994970113  Neutral Tool: https://twitter.com/jerrybrito/status/1556667240711438337?s=20&t=avKH9mQ1_3KDno2P2THs7Q  4:00 What is OFAC? Overview: https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information  Press Release: https://home.treasury.gov/news/press-releases/jy0916  Sec Blinken: https://twitter.com/SecBlinken/status/1556677862345801728?s=20&t=QwqpNxU9CYKPz8LhBATSFQ  7:44 What is Tornado Cash? Breakdown: https://blog.chainalysis.com/wp-content/uploads/2022/08/tornado-pie-1536x1034.png  Treasury Misleading: https://twitter.com/USTreasury/status/1556655337431785472?s=20&t=Jw5y0Xr4fHSelCzfhWvYlQ  Alex Svanevik: https://twitter.com/ASvanevik/status/1556983834809614337?s=20&t=OCDr5P9jRweG9RVYdmmxKQ  10:20 Using Tornado Cash Neeraj Meme: https://twitter.com/NeerajKA/status/1556707552251060225?s=20&t=UNffL4gM4hBsaXDEZ0gJ_w  Clean ETH2 Addresses:  https://twitter.com/econoar/status/1556775153153048582?s=20&t=63-Nwh2Lv7u8tTC4E-CVUw  More Use Cases: https://twitter.com/RezaJafery/status/1556751888896258049?s=20&t=9rJ2buSh4PCTPMlNKezAyw  12:15 Banning Smart Contracts Coin Center Announcement: https://www.coincenter.org/u-s-treasury-sanction-of-privacy-tools-places-sweeping-restrictions-on-all-americans/  17:08 Ripple Effects Circle: https://www.theblock.co/post/162172/circle-freezes-usdc-funds-in-tornado-cashs-us-treasury-sanctioned-wallets  Github: https://twitter.com/bantg/status/1556721709931175937?s=20&t=LSCI_12-Giipv727Y52qUg  Infura & Alchemy: https://twitter.com/0xdev0/status/1556933551073153024  20:55 A Ban on Who? Cobie & Gainzy: https://twitter.com/cobie/status/1556647650212155394?s=20&t=F8nhR0zX4PkbGGOl1JmBCQ  Depositing .1 ETH: https://twitter.com/josephdelong/status/1557011056572129280?s=20&t=F1JszlO7Zm0lm4EGsgBrNg  23:14 A Chilling Effect Attacking Free Speech: https://twitter.com/matthew_d_green/status/1556764387796340736?s=20&t=w8K19sEWj_AVS372HOjHTw  25:47 Decentralization Priorities: https://twitter.com/econoar/status/1556825245381578753?s=20&t=63-Nwh2Lv7u8tTC4E-CVUw  ----- 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://newsletter.banklesshq.com/p/bankless-disclosures

Jerry Brito

Executive Director

Coin Center

Collins Belton

Founding Partner

Brookwood PCBrookwood P.C.

How does the SEC determine if a token is a security? Why is DeFi particularly hard to regulate? What will regulators do about stablecoins? On Unchained, Greg Xethalis, chief compliance officer at Multicoin Capital, and Collins Belton, founding partner at Brookwood P.C., dive into crypto regulation, discussing securities laws, DeFi regulation, and why the US should be promoting stablecoins rather than trying to shut them down. Highlights: why the SEC and CFTC have not announced bigger crypto enforcement news at the end of their fiscal years why the SEC is going after DINO (decentralized in name only) companies what the Howey and Reves tests areand how the SEC uses themto determine whether an asset is a security or not why Collins and Greg think the SEC has recently begun been applying Reves more often why they think centralized crypto lending products should not be considered securities under the Howey test whether new legislation needs to be written for cryptocurrency-based products what makes Collins think the SEC is being “disingenuous” regarding the SEC registration process for crypto companies, like Coinbase how regulators will end up handling DeFi and why both Greg and Collins are long-term optimistic how the US government has a “great history” of respecting privacy and encryption why regulatory pressure is likely to build up around centralized crypto exchanges and what we can learn from the EtherDelta case why Collins thinks most cryptocurrency companies should be regulated  why the SEC is the best motivator for forcing protocols to fully decentralize how smart contracts could theoretically be used to standardize SEC Commissioner Hester Peirce’s Safe Harbor proposal how blockchain data makes cryptocurrency companies more transparent and easier to regulate than centralized entities what Collins and Greg think will happen with stablecoin regulation going forward why the US should be pushing to make dollar-pegged stablecoins more prominent   Take the Unchained survey! Have idea son how we can improve at Unchained? Let us know. This is the last week in which you can take the Unchained survey and be entered to win a BTC Candle. Be sure to end by EOD Friday. We'll be announcing the winners in next week's show. https://www.surveymonkey.com/r/unchained2021    Thank you to our sponsors! Crypto.com: https://crypto.onelink.me/J9Lg/unconfirmedcardearnfeb2021      Nodle: https://bit.ly/3AXGydJ    Episode Links   Greg Xethalis Twitter: https://twitter.com/xethalis  LinkedIn: https://www.linkedin.com/in/xethalis/    Collins Belton Twitter: https://twitter.com/collins_belton  LinkedIn: https://www.linkedin.com/in/collins-belton-10226283/   Cases Mentioned SEC charged DeFi Money Market  https://www.coindesk.com/markets/2021/08/06/sec-charges-so-called-defi-company-for-allegedly-fraudulent-30m-offering/  SEC charged EtherDelta https://www.coindesk.com/markets/2018/11/08/sec-charges-etherdelta-founder-over-unregistered-securities-exchange/  Howey Test and Reves Test https://securities-law-blog.com/2014/11/25/what-is-a-security-the-howey-test-and-reves-test/ https://skrypto.sewkis.com/howeys-cousin-reves-may-be-another-way-for-the-sec-to-argue-that-tokens-are-securities  https://www.creditslips.org/creditslips/2021/09/coinbase-and-the-sec-.html  DINO https://twitter.com/hesterpeirce/status/1423637816492318722?lang=en    -uniswap-labs-investigation-could-signal-a-new-era-of-enforcement  Learn more about your ad choices. Visit megaphone.fm/adchoices

Greg Xethalis

Chief Compliance Officer

Multicoin Capital

Collins Belton

Founding Partner

Brookwood PCBrookwood P.C.