Crypto
This Week in Crypto Law (Mar. 29, 2026)
This Week in Crypto Law
The opinion editorial below was written by Alex Forehand and Michael Handelsman for Kelman.Law.
The final week of March delivered a series of pivotal legal and regulatory developments bridging traditional finance and digital assets. From tokenized securities trading in the United States to global enforcement actions and jurisdictional battles, regulators are increasingly asserting control while also enabling new market structures
SEC Approves Nasdaq Plan for Tokenized Securities Trading
The U.S. Securities and Exchange Commission approved a proposal by Nasdaq to facilitate trading of certain equities and ETFs in tokenized form. This move represents a significant step toward integrating blockchain infrastructure into traditional securities markets, allowing tokenized representations of assets to trade alongside conventional instruments. The approval signals growing regulatory acceptance of blockchain-based settlement systems and could accelerate adoption of tokenization across mainstream financial markets.
Hong Kong Tightens Crypto Licensing Regime
Hong Kong has intensified its crypto licensing requirements, warning exchanges that failure to obtain proper authorization could result in enforcement action as the transition period ends. The shift reflects a broader regulatory evolution—from early-stage openness to strict compliance enforcement. While some firms may exit the market, others may view this as a necessary step toward institutional credibility and long-term adoption.
Nigeria Charges Binance Executives with Tax Evasion
Nigeria has filed tax evasion charges against executives of Binance, escalating its efforts to regulate crypto activity within its borders. The case presents a major test of how far national governments can extend jurisdiction over global crypto platforms and their personnel, particularly in emerging markets.
Scrutiny Mounts After SEC Enforcement Chief Resigns
U.S. lawmakers are seeking answers following the abrupt resignation of the U.S. Securities and Exchange Commission’s enforcement director. The departure has raised concerns about potential political influence over enforcement priorities, including those related to crypto markets. Leadership changes at key regulatory agencies can significantly impact enforcement strategy, creating uncertainty for market participants navigating compliance obligations.
Department of Labor Opens Door to Crypto in 401(k) Plans
The U.S. Department of Labor proposed new guidance that could allow crypto assets to be included in 401(k) retirement plans. The proposal would permit plan fiduciaries to allocate to crypto alongside other alternative investments, such as private equity. This marks a potential turning point for mainstream adoption—but also raises complex legal questions regarding fiduciary duties, risk disclosures, and investor protection in retirement accounts.
U.S. Government Challenges State Regulation of Prediction Markets
The U.S. government has filed lawsuits against multiple states, asserting that only the Commodity Futures Trading Commission has authority to regulate prediction markets. The dispute centers on whether event-based trading platforms should be regulated as gambling under state law or as derivatives under federal law. This is a critical jurisdictional battle that could determine how emerging digital trading platforms—such as prediction markets—are regulated in the United States.
Staying informed and compliant in this evolving landscape is more critical than ever. Whether you are an investor, entrepreneur, or business involved in cryptocurrency, our team is here to help. We provide the legal counsel needed to navigate these exciting developments. If you believe we can assist, schedule a consultation here.
This Week in Crypto Archive:
This Week in Crypto Law (Mar. 22, 2026)
This Week in Crypto Law (Mar. 15, 2026)
This Week In Crypto Law (Mar. 8, 2026)
Crypto
Morgan Stanley Low-Fee Bitcoin ETF Sparks Fee War Across Issuers, Analyst Says
Key Takeaways:
- Morgan Stanley launched MSBT with a 0.14% fee, undercutting Blackrock IBIT and escalating a bitcoin ETF fee war.
- Bloomberg analyst says the fee war could squeeze issuer margins while expanding investor access.
- Blackrock dominance may persist unless outflows rise or a 10 bps Vanguard entrant disrupts pricing power.
Morgan Stanley Sparks Bitcoin ETF Fee War With Aggressive Pricing
The launch of a lower-cost bitcoin exchange-traded fund (ETF) is intensifying structural competition across digital asset markets. Morgan Stanley, a global investment bank, rolled out its bitcoin ETF (NYSE Arca: MSBT) with a 0.14% expense ratio on April 8, undercutting Blackrock’s Ishares Bitcoin Trust (IBIT) and signaling a new phase of aggressive pricing pressure. This shift highlights how fee compression could redefine issuer margins and investor allocation strategies.
Bloomberg Intelligence analyst Eric Balchunas addressed the implications of Morgan Stanley’s pricing move. He stated on social media platform X:
“MSBT coming at 14bps could entice others to cut, or new entrants to come in even lower.”
The remark signals that MSBT’s ultra-competitive fee could reset industry benchmarks, accelerating price competition among incumbents while lowering barriers for new ETF entrants.
Across the competitive landscape, MSBT now ranks among the lowest-cost bitcoin ETFs, undercutting Grayscale Bitcoin Mini Trust ( BTC) at 0.15% and Franklin Templeton’s EZBC at 0.19%. Other major issuers, including Bitwise (BITB), Vaneck (HODL), and ARK 21Shares (ARKB), cluster between 0.20% and 0.21%, while Blackrock’s IBIT, Fidelity’s FBTC, and several peers maintain 0.25% fee structures. At the higher end, Grayscale’s legacy GBTC remains at 1.50%, reflecting its structural differences and earlier market entry. This spread highlights a rapidly compressing fee band, with new entrants increasingly targeting sub-20 basis point pricing to gain share.
Fee Pressure Threatens Margins While Strengthening Investor Power
Morgan Stanley’s broader strategy suggests ambitions beyond simple fee disruption, with projections pointing to as much as $160 billion in potential inflows tied to its bitcoin ETF initiative. That scale could materially pressure Blackrock’s IBIT, which benefits from deep liquidity, tight spreads, and strong institutional adoption. The firm’s positioning underscores a growing trend where traditional financial giants leverage distribution advantages to capture crypto market share.
Balchunas emphasized the broader economic consequences of intensifying fee competition across the ETF sector. He remarked:
“Fee wars are part of life in the Terrordome = hell for issuers, but heaven for investors. That said, prob won’t see any cut from IBIT.”
The observation underscores a structural reality: declining fees enhance investor access while compressing issuer margins, forcing providers to rely on scale, flows, and operational efficiency.
Despite mounting pressure, market leadership continues to provide pricing resilience for dominant funds. Balchunas stressed that IBIT’s scale and liquidity concentration preserve its pricing power, with disruption likely only if competitors generate sustained outflows or if Vanguard files a near-10 basis point product, a scenario he considers highly improbable. This dynamic indicates that IBIT’s fee stability remains anchored in its liquidity advantage unless a significant competitive shift materializes.
Crypto
Crypto ATM Giant Discloses $3.7 Million Bitcoin Theft Following Cyberattack
Key Takeaways:
- Bitcoin Depot lost 50.903 BTC, worth $3.665 million, after a March 23 cyberattack on corporate systems.
- Management deemed the event material on April 6 due to potential regulatory and reputational costs.
- Bitcoin Depot is now working with external experts to harden IT security and seek insurance recovery.
Details of the Security Breach
Bitcoin Depot, one of the world’s largest bitcoin ATM operators, revealed Wednesday, April 8, that it was the victim of a targeted cyberattack in late March that resulted in the unauthorized transfer of more than 50 bitcoin from corporate accounts. According to a Form 8-K filed with the Securities and Exchange Commission, the breach was first discovered March 23, 2026.
An unauthorized party infiltrated the company’s internal information technology systems, eventually gaining control of credentials for digital asset settlement accounts. The intruder siphoned 50.903 bitcoin from company-controlled wallets. At the time of the incident, the stolen assets were valued at approximately $3.665 million.
Despite the loss, Bitcoin Depot emphasized that the breach appears to have been localized to its corporate environment. The company stated that customer platforms remained unaffected and maintained that user data and environments were not breached.
“The Company has not identified evidence that customer personally identifiable information was accessed or exfiltrated in connection with the incident; however, the investigation remains ongoing,” the company stated in the filing.
Upon detecting the intrusion, the ATM operator activated emergency response protocols, engaged third-party cybersecurity specialists and notified law enforcement. The company is currently working to harden its infrastructure to prevent future breaches.
While the company initially stated the incident had not “materially impacted” daily operations, management now considers the event material due to the potential for “reputational harm, legal, regulatory, and response costs.” The company added that while it holds insurance policies for cybersecurity incidents, there is no guarantee the coverage will fully reimburse the $3.665 million loss.
The company said it does not believe the theft will have a long-term impact on its overall financial condition or its network of bitcoin ATMs across North America.
Crypto
New law regulates cryptocurrency kiosks in Wisconsin to protect against scams
WAUSAU, Wis. (WSAW) – A Wisconsin bill creating regulatory requirements for cryptocurrency kiosks is now law, aiming to protect people from scams involving the machines.
The Wood County Sheriff’s Department has been investigating scams involving cryptocurrency kiosks for more than three years and helped craft the new law.
Several people from the Wood County Sheriff’s Department have been testifying in Madison and educating people about these scams.
“And that’s something that is always an important part, but when you can get something out statutorily to protect people, that’s even better,” Becker said.
Daily limits and victim reimbursement
The law puts $1,000 daily transaction limits on the machines and requires machine operators to reimburse victims who report scams to law enforcement within 30 days.
Sheriff Shawn Becker said the department began investigating after receiving a complaint from a citizen who was scammed out of thousands.
“When we got the initial complaint from one of our citizens came in and was scammed $9,000. And then we were, these crypto ATMs were new to there and new to the country,” Becker said.
The department began seizing cash from the machines after people were scammed, holding it as evidence. They would return money to victims, but cryptocurrency companies sued over the practice.
“So we had to change our tactics and we would still serve the warrant, but now we hold that cash here at the sheriff’s department until we get a court order,” Becker said. “I think it really made a difference to get where we’re at now.”
New requirements for operators
The law requires operators to add warning labels to kiosks. Cryptocurrency kiosks also have to be more than five feet away from an ATM.
Kiosk operators must take reasonable steps to detect and prevent fraud. They need to provide notices of virtual kiosks locations to law enforcement before the first transaction on that machine.
“I’m very proud of our department, our investigators that working together with the legal justice system to be part of something that has changed and protected people from being scammed,” Becker said.
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