Binance’s exec exodus, Nasdaq to trade AI orders and SBF loses bail appeal: Hodler’s Digest, Sept. 3-9

9 September 2023

Cointelegraph By Editorial Staff

A key talking point in the crypto community has been the ongoing exodus of executives from Binance amid growing regulatory troubles. Binance has seen the departure of 10 key executives from various departments in the first nine months of 2023. The latest to join the list is Helen Hai, executive vice president of Binance, who announced her resignation from her post on Sept. 6. On the same day, Gleb Kostarev, vice president of Eastern Europe, Turkey, the Commonwealth of Independent States, Australia and New Zealand at Binance, also announced his resignation, as did CIS general manager Vladimir Smerkis. Four top executives from Binance reportedly all left on the same day after Binance’s response to the United States Department of Justice investigation. Binance CEO Changpeng Zhao has hosed down recent rumors against his firm, assuring its balance sheet and employee retention remain robust despite the recent market uncertainty.

The United States Securities and Exchange Commission has approved Nasdaq’s request to operate its first AI-driven order type on Sept. 8. Called the dynamic midpoint extended life order (M-ELO), the new system expands on the M-ELO automated order type by making it “dynamic,” meaning it will use artificial intelligence to update and, essentially, recalibrate itself in real-time. The follow-on effect should be a significant acceleration of orders placed with the system. Nasdaq says the dynamic M-ELO demonstrated a “20.3% increase in fill rates and an 11.4% reduction in mark-outs” during its research and testing.

Former FTX CEO Sam “SBF” Bankman-Fried lost an initial appeal to be released again on bail prior to his criminal trial. His lawyers had petitioned the court for temporary release, claiming the current measures to allow SBF to prepare for his trial were inadequate due to limited internet access. An appeals court denied the motion on Sept. 6, maintaining SBF’s detention at the Metropolitan Detention Center in Brooklyn. The former FTX CEO had his bail revoked on Aug. 11, following allegations of witness intimidation for leaking, to The New York Times, personal notes and diary entries from former Alameda Research CEO Caroline Ellison. SBF has roughly four weeks to prepare for his Oct. 3 trial.

ARK Invest and 21Shares requested the U.S. Securities and Exchange Commission to approve the listing of shares of a spot Ether ETF on the Cboe BZX Exchange. The investment vehicle, called the ARK 21Shares Ethereum ETF, will have crypto exchange Coinbase act as a custodian and will measure the performance of Ether based on the Chicago Mercantile Exchange CF Ether-Dollar Reference Rate. The proposal from ARK Invest and 21Shares is one of many spot crypto ETFs that will be reviewed by the SEC in the coming months. The U.S. regulator has been delaying decisions on crypto investments products lately, especially concerning Bitcoin spot ETF proposals.

Grayscale has told the U.S. Securities and Exchange Commission that it has no legal reasoning left to block the conversion of its flagship Bitcoin fund to a spot exchange-traded fund (ETF). The company’s lawyers sent a letter to the SEC requesting the pair meet to discuss the next steps following the regulator’s court loss regarding the conversion of the Grayscale Bitcoin Trust (GBTC) on Aug. 29. Grayscale added that it believes the SEC should conclude there are “no grounds” for treating the GBTC differently from Bitcoin futures ETFs whose filings “the Commission has previously approved.” According to Grayscale, its fund conversion application has been pending for nearly three times longer than the length of time stipulated by the SEC’s rules.

At the end of the week, Bitcoin (BTC) is at $25,871, Ether (ETH) at $1,635 and XRP at $0.50. The total market cap is at $1.04 trillion, according to CoinMarketCap.

Among the biggest 100 cryptocurrencies, the top three altcoin gainers of the week are Synthetix (SNX) at 12.86%, Stellar (XLM) at 9.83% and Render (RNDR) at 9.09%.

The top three altcoin losers of the week are Gala (GALA) at -14.74%, Mantle (MNT) at -7.49% and Flare (FLR) at -7.06%.

For more info on crypto prices, make sure to read Cointelegraph’s market analysis.

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Is the cryptocurrency epicenter moving away from East Asia?

“I feel bad that I have to tell people that the United States is probably not where they want to be, but the tide is turning.”

David Schwartz, chief technology officer at Ripple

“I do think that the worlds of traditional and blockchain-based financial systems can co-exist, and likely will in the new future.”

Yida Gao, founder and managing general partner of Shima Capital

“DeFi is the future; the volume is somewhere between 5% to 10% of CeFi volumes, which is not small, right? […] The next bull run may very well make DeFi bigger than CeFi.”

Changpeng Zhao, CEO of Binance

“ChatGPT will enable a bunch of people that have never had all this training to jump in, they can start right now and I start to worry about morphological design problems buried in there.”

Kang Li, chief security officer at Certik

“The Bitcoin Ordinal protocol is better designed for decentralization and security than the Ethereum NFT protocol. High-value NFTs will win on Bitcoin.”

Danny Yang, co-founder and CEO of Metagood

“Australia would have a regulated digital assets market. Instead, it is close to the end of 2023, and the government has no plan to implement these regulations.”

Andrew Bragg, Australian Senator

Bitcoin price can hit $46K by 2024 halving — Interview with Filbfilb

Bitcoin has a chance to end 2023 at $35,000 despite heading lower in between, veteran pseudonymous analyst Filbfilb believes. In an interview with Cointelegraph, the co-founder of trading suite DecenTrader revealed some BTC price targets that should resonate with the long-term holder base.

Based on the previous cycles, Filbfilb sees a contraction of new emitted supply to market in advance of the halving. “Coupled by increased speculative demand, this dynamic is likely to repeat in my opinion,” he pointed out in reference to a possible reversal in price behavior due to the upcoming halving.

Regarding BTC price action in 2023 compared to other pre-halving years, the analyst notes that “there has been a failure to break the 100-week moving average thus far, which is a notable difference [compared to pre-halving years],” Filbfilb stated, adding that “assuming no black swan event, around $35,000 by the end of the year and possibly as high as $46,000 some time pre-halving in Q1 2024.”

United States regulators have finally taken steps to resolve an enforcement case against collapsed trading organization Mirror Trading International (MTI). A district court in Texas ordered MTI to pay $1.7 billion in restitution to victims for operating a fraudulent scheme involving digital assets and forex, the Commodity Futures Trading Commission announced on Sept. 7. MTI went into provisional liquidation in late 2020 after one of its directors allegedly escaped the country, grabbing roughly $1 billion in Bitcoin that investors had entrusted to the company.

The former CEO of Turkish crypto exchange Thodex, Faruk Fatih ?zer, was sentenced to 11,196 years in prison by a Turkish court on charges of “establishing, managing and being a member of an organization,” “qualified fraud” and “laundering of property values.” The court gave ?zer and his two siblings the same jail sentence, along with a $5 million fine, local media reported. The Turkish crypto exchange was one of the largest digital asset trading platforms in the country before it abruptly imploded in 2021, halting services without prior notice, with ?zer fleeing the country with users’ assets totaling $2 billion in crypto.

The $41 million hack of crypto gambling site Stake was carried out by the North Korean hacking collective Lazarus Group, the U.S. Federal Bureau of Investigation stated in an announcement. The group has stolen more than $200 million in crypto in 2023. Stake, a crypto gambling platform, was the victim of a cyberattack on Sept. 4 that drained over $41 million worth of cryptocurrency from its hot wallets. The Stake team stated that the hacker only obtained a small percentage of funds and that users would not be affected.

Stuffed down toilets, dismembered in suitcases — crypto has been the common denominator for several gruesome murders and mysterious deaths this year.

Famed Japanese artist Takashi Murakami’s new exhibition comments on digital ego and the shaky status of the NFT industry.

Irina Heaver moved to crypto after she could no longer “sit in the boardroom listening to that corporate bullshit.”

AIARK InvestBinanceBitcoinBitcoin ETFBlockchainChangpeng ZhaoChatGPTChinaCryptocurrenciesDeFiEther ETFEthereumFBIFederal ReserveFTXHackMirror TradingNasdaqNFTRegulationSam Bankman-FriedSECStakeThodexUnited SatesUnited StatesXRP

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German financial regulator prohibits sales of Ethena's USDe  
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BaFin, the German financial regulatory authority, has prohibited all public sales of Ethena GmbH’s USDe (USDe) — a synthetic dollar — claiming that the token violates the European Union’s MiCAR regulations and accused the firm of selling unregistered securities in the region.According to the announcement from the regulator, BaFin has ordered the firm to freeze the reserve assets that back the token, close down the website portal, and ordered the firm to stop taking new customers.The regulator also appointed a representative to monitor the ongoing situation with Ethena GmbH In a translated statement, the regulator wrote:”The BaFin also has reasonable grounds to suspect that Ethena GmbH in Germany sells securities in the form of sUSDe tokens from Ethena OpCo. Ltd. without the required prospectus.”“The USDe and sUSDe tokens are interconnected in such a way that investors can receive a sUSDe token in exchange for a USDe token,” the regulator continued.Despite the ban on primary sales and issuance of the token, the regulator said that secondary sales of the token will not be prohibited or affected. In a statement on X, Ethena Labs said the backing of USDe remains unaffected, and the token can still be redeemed via Ethena BVI Limited, despite the recent announcement from the German financial regulator.Source: Ethena LabsEthena GmbH files for MiCA approvalEthena GmbH submitted a request for regulatory approval under MiCA on July 29, 2024, and the firm expected to be “grandfathered” into the existing regulatory framework.However, BaFin denied the application on March 21, citing “serious deficiencies in the business organization” and a lack of compliance with the MiCA framework.BaFin acknowledged that there are currently around 5.4 billion Ethena tokens in circulation. However, many of these tokens were minted outside of the German jurisdiction and before MiCA took effect.Ethena attracts investment for its productsDespite the risks associated with synthetic dollars, Ethena continues to attract institutional investment for its products.Ethena raised over $100 million from investors in February 2024 to launch a new token called iUSDe geared toward institutional investors.The firm also partnered with World Liberty Financial, a decentralized finance (DeFi) protocol started by US President Donald Trump in December 2024.As part of the agreement, World Liberty Financial purchased 500,000 ENA tokens — the governance token of Ethena.On Feb. 26, the MEXC crypto exchange also announced a $20 million investment in Ethena’s USDe to promote stablecoin use.Magazine: Unstablecoins: Depegging, bank runs and other risks loom

Tornado mixer dropped from US blacklist  
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The US Treasury Department has dropped cryptocurrency mixer Tornado Cash from its sanctions list, the agency said on March 21. The removal follows a January ruling by a US appeals court, which said the Treasury’s Office of Foreign Assets Control (OFAC) cannot sanction Tornado’s smart contracts because they are not the property of any foreign national. According to the January court ruling, “Tornado Cash’s immutable smart contracts (the lines of privacy-enabling software code) are not the ‘property’ of a foreign national or entity, meaning OFAC overstepped its congressionally defined authority.”In a March 21 statement, the Treasury said OFAC removed several dozen Tornado-affiliated smart contract addresses on the Ethereum blockchain network from its sanctions list. Tornado’s native token, Tornado Cash (TORN), is up around 60% on the news, according to data from CoinMarketCap. As of March 21, TORN has a market capitalization of around $73 million and a fully diluted value (FDV) of nearly $140 million, the data shows. OFAC is the Treasury’s office for administering economic and trade sanctions on states and foreign nationals.Tornado Cash lets users pool crypto deposits into a mixer and then withdraw it later to different wallet addresses, making the original funding source difficult to track.TORN is up around 60% on the news. Source: CoinMarketCapRelated: Tornado Cash dev Alexey Pertsev’s bail a ‘crucial step’ in getting fair trial, defense saysMoney laundering allegationsIn August 2022, OFAC sanctioned Tornado Cash after alleging the blockchain protocol helped launder cryptocurrency stolen by Lazarus Group, a North Korean hacking outfit. Lazarus Group has allegedly stolen billions of dollars in crypto through various cyberattacks. In February, Lazarus was accused of pilfering $1.4 billion from digital asset exchange Bybit in the largest-ever crypto exploit. In total, Tornado Cash has purportedly facilitated the laundering of more than $7 billion in illicit funds since the protocol was launched in 2019, according to the US Treasury.In 2024, a Dutch court found Alexey Pertsev, one of Tornado Cash’s developers, guilty of money laundering and sentenced him to 64 months in prison. In February, Pertsev was released on house arrest, while he prepared an appeal of his conviction. The Ethereum Foundation has pledged to donate $1.25 million for Pertsev’s defense. “Privacy is normal, and writing code is not a crime,” the EF wrote in an X post while announcing the donation on Feb. 26.Magazine: Did Telegram’s Pavel Durov commit a crime? Crypto lawyers weigh in

SEC dropping XRP case was “priced in” since Trump's election: analysts  
SEC dropping XRP case was “priced in” since Trump's election: analysts  

Crypto investors rejoiced after one of the industry’s longest-standing legal battles was overturned by the United States Securities and Exchange Commission, yet markets have seemingly accounted for the victory months ahead of the announcement, according to industry watchers.On March 19, Ripple CEO Brad Garlinghouse revealed that the SEC would dismiss its legal action against Ripple, ending four years of litigation against the blockchain developer for an alleged $1.3-billion unregistered securities offering in 2020.However, the outcome may not be as “bullish” since markets may have already priced in this development since President Trump’s election, according to Dmitrij Radin, the founder of Zekret and chief technology officer of Fideum, a regulatory and blockchain infrastructure firm focused on institutions.Ripple’s CEO said the SEC is dropping its case against the blockchain developer. Source: Brad Garlinghouse“Yes they are dropping the case but there was already the appeal,” he told Cointelegraph on the March 20 Chainreaction X show:“One of the most talked about and oldest cases in crypto has been won. It’s great for the market and Ripple as it can start its expansion in the US. But in general, it’s already priced in. I don’t see a big impact on price or the market.”XRP/USD, 1-month chart. Source: Cointelegraph Markets ProDespite an 11% relief rally after the March 19 announcement, the XRP (XRP) token is unable to remain above the key $2.5 psychological mark. The token fell over 6.3% since March 19, Cointelegraph Markets Pro data shows.Related: Crypto market’s biggest risks in 2025: US recession, circular crypto economySEC dropping Ripple case was “already expected” – Nansen analystOther analysts also attribute the XRP token’s lack of momentum to investors expecting an end to the SEC’s lawsuit against Ripple Labs, paired with generally poor market sentiment.“I’d attribute it to the market already pricing it in as well as the general market situation,” Nicolai Sondergaard, research analyst at Nansen, told Cointelegraph, adding:“It was, to be honest already expected at this point and the macro environment and general uncertainty are not doing XRP any favors.”Related: Bitcoin speculative appetite declines as investors seek safetyStill, some technical chart patterns point to a potential 75% XRP rally after the end of the SEC’s lawsuit.XRP/USD weekly price chart. Source: TradingViewAs of March 21, XRP bounced after testing the triangle’s lower trendline, eyeing a rise toward the upper trendline— around the apex point at the $2.35 level—by April. The ultimate target for this possible breakout is $4.35 by June, up 75% from the current price levels.Conversely, a drop below the lower trendline could invalidate the bullish setup, setting XRP on the path toward $1.28. The bearish target is obtained by subtracting the triangle’s maximum height from the potential breakdown point at $2.35.Despite XRP’s price trajectory, the SEC overturning the case will have a beneficial “long-term effect on the market because of the narrative change,” and investors’ expectations of a more crypto-friendly SEC, added Fideum’s Radin.Magazine: SEC’s U-turn on crypto leaves key questions unanswered

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