Crypto
EU signs MiCA bill into law, setting stage for comprehensive cryptocurrency regime
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(Kitco News) – After years of development, officials in the European Union have officially signed the Markets in Crypto-Assets (MiCA) bill into law, setting the stage for the EU to implement a comprehensive cryptocurrency regulatory framework.
On Wednesday, Roberta Metsola, the European Parliament President, and Peter Kullgren, Sweden’s minister for rural affairs, signed the regulatory framework into law, capping nearly three years of work to formulate and amend the legislation.
Now that the signing ceremony has been completed, the framework is expected to go into effect after it is published in the Official Journal of the European Union, with many of MiCA’s regulations on crypto firms likely being implemented sometime in 2024.
The European Parliament conducted its final vote on the bill in April – passing the measure by a vote of 517 in favor and 38 against – after two consecutive delays and extended debates about the finer points of the bill, which looks to create a licensing regime for digital asset service providers in the EU.
In May, the finance ministers of all 27 member states of the EU unanimously voted to approve MiCA, which advanced the bill to be signed by Metsola and Kullgren. As it stands now, MiCA remains on track to become enforceable law by the third quarter of 2024, giving affected parties in the EU time to design their systems to comply with the new law.
MiCA lays out a framework for the European Union’s approach to regulating the cryptocurrency sector. Under the text of the legislation, the issuance of cryptocurrencies will be brought under the wing of institutional regulation, and it establishes a new regime for crypto-asset service providers across the EU’s member states.
The legislation is comprehensive and far-reaching, and its implementation will be carried out in phases. Provisions related to stablecoins could come into force as soon as July 2024, while many of the other provisions won’t take effect until January 2025 at the earliest.
In addition to requiring stablecoin issuers to obtain a license and hold suitable reserves, the legislation allows central banks to intervene in companies’ proposals to issue new stablecoins, referred to in MiCA as ‘asset-referenced tokens.’
It will also require the issuance of the stablecoins to cease if the tokens reach over 1 million transactions per day.
While the road to MiCA’s passage has been long, the work is not done for legislators, as several important sectors of the cryptocurrency ecosystem are not addressed in the bill, including non-fungible tokens (NFTs) and decentralized finance (DeFi) applications.
And companies need to tread carefully until MiCA is officially implemented, as noted by the European Securities and Markets Authority (ESMA), which issued a statement last Friday directing financial firms operating in the EU to proactively inform their customers of the regulatory status of the products they offer, with crypto a particular area of concern.
“Specifically on crypto assets, while the Markets in Crypto-Assets Regulation (MiCA) is close to adoption, crypto assets offered by investment firms will continue to be unregulated in most jurisdictions until MiCA applies,” the ESMA warned.
The regulator went on to highlight that until MiCA is fully implemented across the EU, when investment firms offer both regulated and unregulated products and services, “there is a significant risk that investors may misunderstand the protections they are afforded when investing in those unregulated products and/or services,” and may believe that the protections of the regulated ones apply to the unregulated ones.
The ESMA recommends that investment firms “take all necessary measures to ensure that clients are fully aware of the regulatory status of the product/service they are receiving,” and that they “clearly disclose to clients when regulatory protections do not apply to the product or service provided.”
While the ESMA is educating companies on how to prepare for the eventual implementation of MiCA, France is looking to implement the legislation ahead of its EU-wide integration, with the French Financial Markets Authority (AMF) exploring the option of providing companies with a “fast track” option which would allow them to come into compliance with MiCA regulations as soon as possible.
Disclaimer: The views expressed in this article are those of the author and may not reflect those of Kitco Metals Inc. The author has made every effort to ensure accuracy of information provided; however, neither Kitco Metals Inc. nor the author can guarantee such accuracy. This article is strictly for informational purposes only. It is not a solicitation to make any exchange in commodities, securities or other financial instruments. Kitco Metals Inc. and the author of this article do not accept culpability for losses and/ or damages arising from the use of this publication.
Crypto
Bitcoin hacker sentenced to five years in prison
A hacker has been sentenced to five years in a US prison for laundering the proceeds of one of the biggest ever cryptocurrency thefts.
Ilya Lichtenstein pleaded guilty last year to hacking into the Bitfinex cryptocurrency exchange in 2016 and stealing almost 20,000 bitcoin.
He laundered the stolen cryptocurrency with the help of his wife Heather Morgan, who used the alias Razzlekhan to promote her hip hop music.
At the time of the theft, the bitcoin was worth around $70m (£55.3m), but had risen in value to more than $4.5bn by the time of they were arrested.
The $3.6bn worth of assets recovered in the case was the biggest financial seizure in the DOJ’s history, deputy attorney General Lisa Monaco said at the time.
“It’s important to send a message that you can’t commit these crimes with impunity, that there are consequences to them,” district judge Colleen Kollar-Kotelly said.
Lichtenstein, who has been in prison since his arrest in February 2022, expressed remorse for his actions.
He also said that he hopes to apply his skills to fight cybercrime after serving his sentence.
Morgan also pleaded guilty last year to one count of conspiracy to commit money laundering. She is due to be sentenced on 18 November.
According court documents, Lichtenstein used advanced hacking tools and techniques to hack into Bitfinex.
Following the hack, he enlisted Morgan’s help to launder the stolen funds.
They “employed numerous sophisticated laundering techniques”, the US Department of Justice (DoJ) said in a statement.
The methods included using fictitious identities, switching the funds into different cryptocurrencies and buying gold coins.
Lichtenstein, who was born in Russia but grew up in the US, would then meet couriers while on family trips and move the laundered money back home, prosecutors said.
Morgan’s Razzlekhan persona went viral on social media when the case emerged.
Even as the couple attempted to cover up the hack, she published dozens of expletive-filled music videos and rap songs filmed in locations around New York.
In her lyrics she called herself a “bad-ass money maker” and “the crocodile of Wall Street”.
In articles published in Forbes magazine, Morgan also claimed to be a successful technology businesswoman, calling herself an “economist, serial entrepreneur, software investor and rapper”.
Crypto
Dogwifhat Price Prediction: After 39% Pump, Are WIF and STARS Next to Explode Like Dogecoin? – Branded Spotlight Bitcoin News
Crypto
1 Top Cryptocurrency to Buy Before It Soars 16,939%, According to MicroStrategy Chief and Billionaire Michael Saylor | The Motley Fool
Michael Saylor is a perennial crypto bull.
Bitcoin (BTC 3.44%), the world’s largest cryptocurrency, has been on a great run this year and has roughly doubled — well ahead of the bull market and hitting new all-time highs. The token has benefited from the creation of spot Bitcoin exchange-traded funds (ETFs), lower interest rates, and a growing view that the token could be a hedge against inflation.
However, Bitcoin may just be getting started, according to MicroStrategy Executive Chaiman and billionaire investor Michael Saylor, who says he thinks the token is going to soar.
Going all-in on Bitcoin
In September, Saylor, a perennial Bitcoin bull, said on CNBC he thinks Bitcoin could hit $13 million by 2045, which implies 16,939% upside from its current price (as of Nov. 9) of roughly $76,296:
Saylor also pointed out that Bitcoin has had an annual rate of return (ARR) of 46% for the past four years, which is why he is assigning a risk-free return of 50%. He said his central case forecasts 29% annual returns for Bitcoin during the next two decades.
Saylor has every reason to be bullish. His company MicroStrategy, whose stock has soared roughly 400% this year, is the largest public owner of Bitcoin, holding 1% of all tokens outstanding.
Saylor is also putting his money where his mouth is. MicroStrategy recently announced plans to raise $42 billion over the next three years, half through equity sales and half through debt. The proceeds will be used to buy more Bitcoin.
MicroStrategy President and Chief Executive Officer Phong Le said in the company’s recent earnings release, “As a Bitcoin Treasury Company, we plan to use the additional capital to buy more Bitcoin as a Treasury reserve asset in a manner that will allow us to achieve higher BTC yield.”
Can $13 million really happen?
I don’t know if $13 million for Bitcoin can ever happen. Bitcoin is still an incredibly volatile asset, and I think price predictions for Bitcoin are somewhat meaningless, especially those made two decades in advance. However, I think Bitcoin has several tailwinds that could propel it higher.
With the election over, Bitcoin and the entire crypto industry may get some regulatory relief. The new administration may take a different approach and institute new leadership at the Securities and Exchange Commission (SEC).
SEC Chairman Gary Gensler has not been a friend of crypto. Not only does he seek to have more regulatory jurisdiction over crypto, but an SEC memo of his known as SAB-121 makes it difficult for banks to hold Bitcoin as a custodian because they have to include these assets on the balance sheet, which increases their capital and liquidity requirements. The potential removal of SAB-121 would make more financial institutions willing to custody Bitcoin.
Additionally, Bitcoin has caught on as a hedge against inflation. Recently, BlackRock‘s CEO Larry Fink called Bitcoin an alternative to gold. He also said this belief will become even more commonplace “if we can create more acceptability, more transparency, [and] more analytics related to these assets.” While inflation has come down, many expect the environment to remain inflationary long term due to fiscal spending and an unsustainable national debt situation.
Finally, interest rates are forecast to drop further, making riskier assets like Bitcoin more appealing because safer assets like U.S. Treasury bills and bonds yield less and are less likely to keep up with inflation.
No one knows if Bitcoin will hit Saylor’s target years from now, but there are signs that several forces are converging that seem bound to drive up Bitcoin’s price.
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