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Chair Behnam: 33% of CFTC's Cryptocurrency Enforcement Actions Occurred in Current Year

Chair Behnam: 33% of CFTC’s Cryptocurrency Enforcement Actions Occurred in Current Year

US Regulator Highlights Crypto Enforcement Efforts and the Need for Updated Legislation

The chair of the United States Commodity Futures Trading Commission (CFTC), Rostin Behnam, emphasized the agency’s involvement in the crypto industry and the importance of modern legislation at a recent event. Speaking at the Financial Industry Association Expo 2023 in Chicago, Behnam described the CFTC Enforcement Division’s continuous efforts in regulating cryptocurrencies.

During his keynote address, Behnam highlighted that his agency collected $6 billion in penalties during the fiscal year 2023. He also noted that out of the 131 enforcement actions brought by the Commission since 2015, 45 were related to digital assets, accounting for over 34% of the total.

Precedent-Setting Litigation against Ooki DAO

In addition, Behnam mentioned a significant legal victory against Ooki DAO, which led to the closure of the decentralized autonomous organization (DAO) and resulted in a penalty of $643,542. The U.S. District Court for the Northern District of California ruled that Ooki DAO qualified as a “person” under the Commodity Exchange Act (CEA) of 1936.

The Need for Updated Legislation

Behnam expressed concerns about outdated legislation and its impact on regulatory efforts in emerging areas such as decentralized finance (DeFi), artificial intelligence (AI), and wireless technology (WiFi). He stated that current limits set by the CEA hindered their ability to engage in necessary rulemaking and policy-making. This created barriers and forced the agency to expend significant resources to ensure compliance within their jurisdiction.

Hot Take: Vertical Integration and Regulatory Concerns

In an era characterized by electronification and DeFi, vertical integration is becoming more prevalent in financial markets. This trend has raised regulatory concerns, particularly as customer protections take on a new meaning. Behnam’s remarks highlight the need for updated legislation that can keep pace with technological advancements and provide effective oversight and protection in the crypto industry.

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Chair Behnam: 33% of CFTC's Cryptocurrency Enforcement Actions Occurred in Current Year