PanamaTimes

Saturday, Sep 07, 2024

Former SEC chair Jay Clayton says he's optimistic about crypto in the wake of FTX's collapse — and breaks down 3 ways regulation can deter bad behavior

Former SEC chair Jay Clayton says he's optimistic about crypto in the wake of FTX's collapse — and breaks down 3 ways regulation can deter bad behavior

Former US Securities and Exchange Commission chairman Jay Clayton is optimistic about blockchain technology's potential to improve traditional financial systems, even as turmoil continues to weigh on cryptocurrency markets.
Despite FTX's sudden downfall last month, Clayton says "the promise of distributed ledger technology is remarkable given how many transactions are already taking place around the globe 24/7 with very few frictions." (Clayton is referring to the blockchain's ability to conduct borderless transactions, along with faster trading settlements than traditional equities.) 

"That undeniably demonstrates that the opportunity to improve the efficiency of traditional financial markets is vast," Clayton said in an interview with Goldman Sachs.

Clayton added: "But, again, we cannot and will not give up a proven and widely accepted regulatory framework in order to achieve those efficiencies more quickly."

FTX, the once $32 billion crypto empire started by Sam Bankman-Fried, filed for bankruptcy protection last month. Around $8 billion of customer funds went missing and FTX backers, including some of the largest venture capital firms, wrote their investments down to zero. 

Bankman-Fried was arrested this week in the Bahamas on charges including conspiracy to commit money laundering, violating campaign finance laws, and wire fraud. US prosecutors are accusing the disgraced founder of orchestrating a years-long scheme to defraud investors. 

"We allege that Sam Bankman-Fried built a house of cards on a foundation of deception while telling investors that it was one of the safest buildings in crypto," SEC Chair Gary Gensler said in a statement on Tuesday.

Regulatory oversight of digital assets are at the top of mind in the wake of FTX's fallout.

In the report from Goldman Sachs, former Commodity Futures Trading Commission (CFTC) chairman Timothy Massad argues that a lack of regulatory clarity has been detrimental to the industry while Clayton calls this viewpoint "garbage."

There are three things regulators can do to crack down on bad behavior in the space, according to Clayton:

1. The SEC and CFTC should require all crypto intermediaries to adhere to basic set of customer protections, while the "classification issues that many entities have been exploiting are resolved," Clayton says.

"[This] could easily be drawn from existing requirements for US securities and derivatives exchanges, and mandate that all crypto trading venues abide by them if they're not already registered entities with the SEC or CFTC," he added.

2. Regulators need to "vigorously" crack down on existing digital asset regulations such as enforcing platforms that are trading securities to comply with SEC rules. 

"The SEC's crackdown on unregistered initial coin offerings (ICOs) that I oversaw was necessary because these offerings flouted the rules for public offerings, often failing to provide even basic financial information or risk disclosures," Clayton said.

He added: "Both the SEC and the CFTC have also brought a variety of actions against unregistered or illegal products, Ponzi schemes, and other scams, and they should continue doing so."

3. Stablecoins need to be brought into compliance. 

Algorithmic stablecoin TerraUSD, which was billed as a safe way to park assets while earning yields, collapsed earlier this year as well. This caused many retail investors, those who used the crypto as a high yield-bearing savings accounts, to lose a lot of their money.

"Many stablecoins have unstable features often associated with counterparty and credit risk that should be regulated as cash equivalents would be for traditional financial intermediaries," Clayton said, adding that banking regulators can "take the lead on this."
Newsletter

Related Articles

PanamaTimes
0:00
0:00
Close
BRAZIL’S SUPREME COURT MINISTER ORDERS EXPLANATION ON X BLOCKING
Porn streamer OnlyFans paid owner $630mn in dividends
Donald Trump will not face sentencing over his 'hush money' conviction before the US presidential election on November 5, after a Manhattan judge granted his request to delay the proceeding
Return of Brazilian Artworks to Bahia
France Pilots Mobile Phone Ban in Schools
WHO-Led Study Finds No Link Between Mobile Phones and Brain Cancer
Kamala Harris is in Detroit and has a new accent again
EU Rejects Maduro’s Election Win Claim in Venezuela
Former Red Brigades Member Arrested in Argentina After 40 Years on Run
Elon Musk Accuses Brazilian Supreme Court Justice of Election Interference
Universe May Have Had a Pre-Big Bang 'Secret Life'
Ecuador's Narco Violence Threatens Scientists and Conservation Efforts
Brazilian Judge Alexandre de Moraes Blocks Elon Musk's X
Nаkеd American woman gropes security
Tsimane Tribe: Secrets to Health and Slow Ageing
OpenAI Blocks Iranian Group's ChatGPT Accounts for Election Interference
WHO Declares Mpox Global Health Emergency Again
Decline in World Records at Paris Olympics: An Analysis
EU Pressures Elon Musk Over Trump Interview
UN Reports Lowest Global Youth Unemployment Rate in 15 Years
Fatal Plane Crash Near Sao Paulo
Snoop Dogg: The Feel-Good Spirit of the Paris Olympics
McDonald's Worker Sets Restaurant On Fire Over Customer Frustration
Kamala Harris Confirmed as Democratic Candidate for US Presidential Election
Controversies at the Paris Olympics
Elon Musk Accepts Fight Challenge from Venezuelan President Nicolas Maduro
First Case of 'Virgin Birth' in Endangered Shark Species in Italy
G20 Fails to Reach Agreement on Global Billionaire Tax
Mexican Drug Lords El Mayo and El Chapo's Son Arrested in Texas
World's Hottest Day Recorded on July 21
Joe Biden Withdraws from 2024 US Presidential Race
A Week of Turmoil: Key Moments in US Politics
Global IT Outage Sparks Major Concerns
Global IT Outage Unveils Digital Vulnerabilities
Secret Service Criticized for Lack of Sniper Protection During Trump Shooting
Colombian Court Annuls Amazon Tribes’ Carbon Credit Deal
Sunita Williams Safe on ISS, to Address Earth on July 10
Biden Affirms Commitment To Presidential Race
Boeing Pleads Guilty Over 737 MAX Crashes
Beryl Storm Hits Texas, Killing 2 and Causing Major Power Outages
2024 Predicted to Be World's Hottest Year
Macron Faces New Political Challenges Despite Election Relief
Florida Man Arrested Over Attempt to Withdraw One Cent
Anger mounts at Biden’s top team after disastrous debate
Bolivian President Luis Arce Denies 'Self-Coup' Allegations
Steve Bannon Begins 4-Month Prison Sentence
Biden Warns of 'Dangerous Precedent' After Supreme Court Immunity Ruling in Trump Case
Elon Musk Accuses Kamala Harris of Misleading Post on Trump's Abortion Stance
Hunter Biden Sues Fox News Over 'Revenge Porn' Allegations
New York Times Editorial Board Urges Biden to Exit Presidential Race
×