FTX has a plan, but creditors are not impressed: Law Decoded

8 August 2023

Cointelegraph By David Attlee

A body representing FTX customers said it is “extremely disappointed” by the company’s reorganization plan.

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FTX has outlined its intended reorganization plan, which will categorize claimants of the bankrupt exchange into specific classes and pave the way for it to become operational as an offshore entity. However, a body representing FTX customers said it is “extremely disappointed” by the plan.

FTX’s Official Committee of Unsecured Creditors (UCC) said despite its repeated requests and previous promises from the team, it “did not have a single call or meeting” with FTX to discuss the plan. The UCC warned it would put forward its own plan for FTX customers to vote on if it continued to be ignored.

Meanwhile, the company has filed a motion in court to remove its Dubai unit from ongoing restructuring proceedings in the United States. In the filing, the crypto exchange noted that FTX Dubai is balance sheet solvent and, therefore, a voluntary “liquidation procedure in accordance with the laws of the United Arab Emirates would allow a timely distribution of the positive cash balance after payment of all outstanding liabilities and liquidation of all assets.”

IRS deems crypto staking reward taxable once received

U.S. crypto investors must report crypto staking rewards as gross income in the year it was received, according to a new ruling from the country’s top tax authority. Gross income includes income realized in any form, whether in money, property, services or staking rewards. The ruling applies to cash-method taxpayers who receive any crypto as remuneration for validating transactions on proof-of-stake blockchains and applies both when staking cryptocurrency directly and through a centralized crypto exchange.

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U.S. Senators believe there are $50 billion of non-collected taxes on crypto

Senators Elizabeth Warren, Bernie Sanders, Bob Casey and Richard Blumenthal claim there is a “$50 billion crypto tax gap,” and that the Internal Revenue Service and U.S. Treasury risk missing out on roughly $1.5 billion in tax revenue for the 2024 financial year if a tax policy update is delayed. The senators are referring to new tax laws outlined in the Senate’s $1.2 trillion infrastructure bill passed in August 2021. The bill aimed to increase the tax reporting requirements for businesses acting as crypto brokers.

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DOJ is concerned about a run on Binance in the case of fraud charges

The U.S. Department of Justice (DOJ) is reportedly considering charging cryptocurrency exchange Binance with fraud but is hesitating due to the potential costs to consumers. DOJ officials are concerned about an indictment against Binance causing a run on the exchange similar to what happened with FTX in November 2022. Officials are reportedly considering fines or non-prosecution agreements for Binance rather than criminal charges in an effort to reduce the harm to consumers.

Binance was already reportedly the target of a criminal probe in the U.S. for allegedly violating the country’s sanctions on Russia. The U.S. Securities and Exchange Commission also filed a lawsuit against the crypto exchange in June for allegedly offering unregistered securities and operating illegally. In March, the Commodity Futures Trading Commission targeted the exchange and its CEO, Changpeng “CZ” Zhao, for allegedly violating trading and derivatives regulations.

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SEC hacker counters prosecutors with 366-day sentencing recommendation  
SEC hacker counters prosecutors with 366-day sentencing recommendation  

Defense lawyers have asked a judge to sentence the person responsible for helping post a fake message announcing regulatory approval of Bitcoin exchange-traded funds to roughly a year in prison, countering prosecutors’ request for a two-year sentence.In a May 13 filing in the US District Court for the District of Columbia, Eric Council Jr.’s legal team asked that he be sentenced to no more than one year and one day in prison following his guilty plea. Council was part of a group that took control of the US Securities and Exchange Commission’s (SEC’s) X account in 2024 through a SIM swap attack, posting a message that suggested the regulator had approved spot Bitcoin (BTC) exchange-traded fund listings for the first time.“A sentence of twelve months and one day serves the ends of justice,” said the May 13 filing. “It sufficiently punishes the defendant for his role in this case. It also promotes respect for the law and deters future criminal conduct.”Eric Council Jr.’s sentencing recommendation, filed on May 13. Source: PACERCouncil initially pleaded not guilty to the charges, but changed his plea to guilty in February on one count of conspiracy to commit aggravated identity theft and access device fraud. The judge overseeing the case, Amy Berman Jackson, also ordered prosecutors to “identify the felony and point to where that information can be found in the record” by May 13.Prison sentence between 1 and 2 years?The SEC hacker is scheduled to be sentenced on May 16. Prosecutors asked the judge to impose a two-year sentence on Council, saying he “profited through a sophisticated fraud scheme.” Court filings showed he earned roughly $50,000 through similar SIM swap attacks.Related: ZKsync X hacker posts false SEC probe in apparent effort to crash tokenThough Council’s case was likely winding down with his upcoming sentencing hearing, the DC court district could soon be under new leadership, potentially affecting the prosecution of crypto-related cases. On May 8, US President Donald Trump announced that Fox News host Jeanine Pirro would become the interim US attorney for the District of Columbia.Magazine: SEC’s U-turn on crypto leaves key questions unanswered

South Korea’s Democratic Party sets up ‘Digital Asset Committee’  
South Korea’s Democratic Party sets up ‘Digital Asset Committee’  

The largest political party in South Korea, the Democratic Party, has launched a Digital Asset Committee focused on developing cryptocurrency policies and promoting industry growth.The committee held its inaugural meeting at the National Assembly Members’ Hall in Seoul on May 13, the local news agency News1 reported.During its first meeting, the committee highlighted the importance of resolving regulatory uncertainty and addressing burning issues like stablecoin regulation amid the push for US-dollar stablecoins by the US government.The new committee joins similar organizations in South Korea, including the Virtual Asset Committee launched in late 2024 and another public-private crypto task force introduced in 2022, both initiated by the Financial Services Commission (FSC).Exchanges like Upbit and Bithumb involvedThe leadership of the Digital Asset Committee includes South Korean officials and politicians, such as National Assembly Chairman Min Byeong-deok, who joined the committee as chairman.Additionally, the organization features standing general election committee Chairman Yoon Yeo-joon, Muksanism Committee Chairman Maeng Seong-gyu, National Assembly member Kim Byeong-gi and former National Assembly Chairman Kim Jeong-woo.Digital Asset Committee Chairman Min Byeong-deok, Yoon Yeo-jun, Maeng Seong-gyu and Kim Jeong-woo (from left to right). Source: News1According to a report by ChosunBiz, the committee will also include participation of executives from major local exchanges, including Upbit, Bithumb, Coinbit and Gopax.Criticism of “one-exchange, one bank” ruleAt the opening meeting, committee Chairman Min expressed concerns regarding limitations of South Korea’s current one-exchange-one-bank rule, implying that crypto exchanges are restricted to collaborating with only one lender.“There are clear shortcomings to the one exchange, one bank principle,” Min reportedly said, adding that the committee is working with regulators to resolve the issue.The chairman also mentioned discussions about which regulators should supervise the stablecoin industry and whether stablecoins should be subject to a licensing or reporting system.Related: South Korea presidential front-runner pledges to approve Bitcoin ETFs“There is also a point of contention as to whether the Bank of Korea or the FSC should handle the regulation,” he reportedly said.The news came shortly after a Bank of Korea executive expressed concerns over the issuance of the South Korean won-backed stablecoins.“Stablecoin has a great impact on the implementation of central bank policies such as monetary policy, financial stability, and payment settlement,” Bank of Korea’s Koh Kyung-chul reportedly said at a conference on May 12.“The negative impact on the central bank’s policy implementation should be minimized by the central bank’s practical intervention in the approval stage,” he added.Magazine: Finally blast into space with Justin Sun, Vietnam’s new national blockchain: Asia Express

Arizona governor kills two crypto bills, cracks down on Bitcoin ATMs  
Arizona governor kills two crypto bills, cracks down on Bitcoin ATMs  

Arizona Governor Katie Hobbs vetoed two key cryptocurrency-related bills that aimed to expand the state’s involvement in digital assets while signing a strict regulatory measure targeting Bitcoin ATMs.On May 12, Hobbs rejected Senate Bill 1373, which sought to establish a Digital Assets Strategic Reserve Fund. The fund would have allowed Arizona to hold crypto assets obtained through seizures or legislative allocations.“Current volatility in cryptocurrency markets does not make a prudent fit for general fund dollars,” she stated in her veto letter. “I have already signed legislation this session which allows the state to utilize cryptocurrency without placing general fund dollars at risk,” she added.That decision followed her veto of Senate Bill 1025 — the more ambitious “Arizona Strategic Bitcoin Reserve Act” — on May 3. It would have authorized up to 10% of the state’s treasury and retirement funds to be invested in Bitcoin and other digital assets.According to data from bitcoinlaws.io, 26 US states have introduced strategic crypto reserve bills, with 18 of them currently active. Hobbs also vetoed Senate Bill 1024, which would have permitted state agencies to accept cryptocurrency payments for taxes, fines and fees via approved service providers.Although the proposal attempted to shield the state from direct exposure to price volatility, Hobbs said it still introduced “too much risk.”Source: State of Arizona, Office of the GovernorRelated: Taiwan lawmaker calls for Bitcoin reserve at national conferenceHobbs approves Bitcoin ATM billOn May 12, Hobbs approved House Bill 2387, which introduces new consumer protection rules for cryptocurrency kiosk (ATM) operators, aiming to reduce fraud and improve transparency.The bill mandates that kiosks display clear, multilingual warnings about common crypto scams and require users to acknowledge these risks before completing transactions. Operators must also provide detailed receipts that include transaction data, contact information, fees and refund policies.Furthermore, the bill caps transactions at $2,000 per day for new customers and $10,500 per day for returning users after 10 days. Kiosk providers must also offer 24/7 toll-free customer service and post the number visibly on each machine.Under the bill, if a new user is tricked into sending crypto under false pretenses and reports it with proof within 30 days, they are entitled to a full refund, including fees.According to CoinATMRadar, there are currently 20 active Bitcoin ATMs in Arizona. Notably, Hobbs has not entirely closed the door on digital assets. On Wednesday, she signed House Bill 2749, which updates Arizona’s unclaimed property laws to include digital assets.The legislation allows the state to retain unclaimed cryptocurrencies in their original form rather than liquidating them into fiat currency.Magazine: Bitcoin eyes ‘crazy numbers,’ JD Vance set for Bitcoin talk: Hodler’s Digest, May 4 – 10

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