Crypto
Safeguards crucial as Hong Kong seeks slice of cryptocurrency pie
Hong Kong is competing with financial centres around the world to establish itself as a hub for cryptocurrency business.
To achieve this requires allowing multiple forms of cryptocurrency tools as well as the appropriate regulatory framework to help manage the risk of monetary and financial instability.
To that end, a regulatory regime for stablecoins has taken a welcome step closer to fruition after a two-month consultation wrapped up last month.
The Hong Kong Monetary Authority and Financial Services and the Treasury Bureau have prudently chosen to keep in place most of the rules they initially proposed in December to manage stablecoins, virtual assets that are pegged to other assets such as a fiat currency to maintain a stable value.
Issuers will be required to obtain a licence from the HKMA. The rules also require that stablecoins be fully backed by reserve assets “at any given point in time”, and that issuers publish monthly confirmation of those assets from an independent auditor.
Overseas issuers hoping to offer blockchain-based stablecoins in Hong Kong also must establish a local subsidiary with key management personnel based in the city.
Rules that were relaxed after the consultation included a reduction in the minimum paid-up share capital requirement from 2 per cent to 1 per cent of the value of its stablecoins in circulation, with a minimum of HK$25 million (US$3.2 million). Legislation would be drafted and introduced as soon as possible, the regulators said.
The requirements are similar to those adopted by the Securities and Futures Commission for virtual asset trading platform licences.
Perhaps due to the stringent nature of the rules, Hong Kong saw 24 applicants compared to rival hub Singapore, which garnered three times as many applicants under its regime.
The revised proposal is unlikely to mollify those critics who say they are too strict, but at least it should be welcomed by others who thought the regulators were moving too sluggishly to put a framework in place.
Authorities are right to be cautious. Cryptocurrencies are known for volatile price swings and are regarded as higher risk investments. Hong Kong is the only city in China that is being allowed to experiment with a cryptocurrency regime and needs to get it right.
Still, demand for cryptocurrencies as an alternative investment tool is real, and the city is aiming to be a digital forerunner.
It is therefore important to build suitable and transparent guardrails that will strike a balance between protecting the interests of investors and creating a favourable regulatory environment for coin issuers.
Once the law is drafted, the city will be a step closer to becoming a competitive virtual assets hub.
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Crypto mogul Do Kwon sentenced to 15 years in prison over $40B ‘epic fraud’
Do Kwon, the South Korean cryptocurrency entrepreneur behind two digital currencies that lost an estimated $40 billion in 2022, was sentenced on Thursday to 15 years in prison for for what a judge called an “epic fraud.”
U.S. District Judge Paul A. Engelmayer, who handed down the sentence, sharply rebuked Kwon for repeatedly lying to everyday investors who trusted him with their life savings.
“This was a fraud on an epic, generational scale. In the history of federal prosecutions, there are few frauds that have caused as much harm as you have, Mr. Kwon,” Engelmayer said during a hearing in Manhattan federal court.
Kwon, 34, who co-founded Singapore-based Terraform Labs and developed the TerraUSD and Luna currencies, previously pleaded guilty and admitted to misleading investors about a coin that was supposed to maintain a steady price during periods of crypto market volatility.
He is one of several cryptocurrency moguls to face federal charges after a slump in digital token prices in 2022 prompted the collapse of a number of companies.
Dressed in yellow prison garb, Kwon addressed the court and apologized to his victims, including the hundreds who submitted letters to the court describing the harm they had suffered.
“All of their stories were harrowing and reminded me again of the great losses that I’ve caused. I want to tell these victims that I am sorry,” Kwon said.
Ayyildiz Attila, one of the hundreds of victims who submitted letters to the court, said he lost between $400,000 and $500,000 in the collapse.
“My savings, my future, and the results of years of sacrifice disappeared. I struggled to keep up with payments and responsibilities, and everything I had worked forwas erased,” Attila said.
Kwon’s lawyer Sean Hecker said in an email after the sentencing that Kwon spoke from the heart, expressed genuine remorse and will continue his efforts to make amends.
US Attorney Jay Clayton in Manhattan said in a statement following the hearing that Kwon devised elaborate schemes to inflate the value of his cryptocurrencies and fled accountability when his crimes caught up to him.
Prosecutors had asked for a sentence of at least 12 years in prison, saying the crash of Kwon’s Terra cryptocurrency caused billions of dollars in losses and triggered a cascade of crises in the crypto market.
Kwon’s lawyers had asked that he be sentenced to no more than five years so he can return to South Korea to face criminal charges.
Prosecutors charged Kwon in January with nine criminal counts for securities fraud, wire fraud, commodities fraud and money laundering conspiracy.
Kwon was accused of misleading investors in 2021 about TerraUSD, a so-called stablecoin designed to maintain a value of $1. Prosecutors alleged that when TerraUSD slipped below its $1 peg in May 2021, Kwon told investors a computer algorithm known as “Terra Protocol” had restored the coin’s value.
Instead, Kwon arranged for a high-frequency trading firm to secretly buy millions of dollars of the token to artificially prop up its price, according to charging documents.
Kwon pleaded guilty in August to two counts, conspiracy to defraud and wire fraud, and apologized in court for his conduct.
“I made false and misleading statements about why it regained its peg by failing to disclose a trading firm’s role in restoring that peg,” Kwon said at the time. “What I did was wrong.”
Kwon agreed in 2024 to pay $80 million as a civil fine and be banned from crypto transactions as part of a $4.55 billion settlement he and Terraform reached with the Securities and Exchange Commission.
He also faces charges in South Korea. As part of his plea deal, prosecutors will not oppose Kwon’s potential application to be transferred abroad after serving half his US sentence.
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