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Spot ETPs: A New Era For Bitcoin Or A Gateway For Traditional Finance?

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Spot ETPs: A New Era For Bitcoin Or A Gateway For Traditional Finance?

On January 10, 2024, the crypto industry witnessed a notable development. The U.S. Securities and Exchange Commission (SEC) approved the listing and trading of several spot Bitcoin
BTC
exchange-traded product (ETP) shares. This decision raises critical questions about the SEC’s evolving stance on crypto assets. Is this a genuine shift in their attitude towards crypto assets, or is it merely a strategic move favouring traditional financial institutions? It appears that by approving these specific ETPs, the SEC might be selectively opening doors for established banks to carve out their preferred segments in the crypto market. This could potentially sideline innovative startups, who have invested decades in building this industry and letting the more traditional players in the financial sector take the frosting from the cake.

A bit of history

The SEC categorises most crypto assets as investment contracts, making them subject to U.S. securities laws. Consequently, issuing crypto assets requires compliance with significant regulatory requirements, a hurdle too high for many start-ups and even established companies in the crypto industry. It is crucial to acknowledge the presence of numerous fraudsters in the crypto market, and thus, the need for the SEC to become more diligent and strict. However that being said, it is important to emphasize that every novel sector invariably draws in those looking to exploit its nascent state for illicit gain. This pattern is not new; even the securities market, now well-regulated, took decades to establish robust regulations. This lengthy process of regulation and oversight development is a common trajectory for emerging industries as they balance innovation with the need to deter and manage fraudulent activities.

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However, one must question the fairness of a regulatory approach that permits established industries to take over an emerging sector, just right before it becomes truly viable.

Introducing Bitcoin ETF and ETP

According to Coindesk, Bitcoin ETFs are publicly traded investment funds that allow investors to invest in Bitcoin without owning the actual crypto asset. This setup frees the investors from dealing directly with the crypto regulation. The ETFs are traded on traditional securities exchanges, and investors buy shares in a fund that holds Bitcoin. While there have been many attempts to launch crypto-linked ETFs since 2014, the first U.S. Bitcoin ETF (BITO) began trading on October 19, 2021. ProShares, a well-known ETF issuer, was allowed by the SEC to create this fund. The fund debuted as one of the most heavily traded ETFs in market history, attracting more than $1 billion in assets within its first days.

In January 2024, the BITO reached its all high of over $2 billion assets.

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Although the SEC approved a few Bitcoin ETFs, in 2023, it rejected the applications to list spot Bitcoin exchange-traded product (ETP). The main difference between the two is that the Bitcoin spot ETP invests directly in Bitcoins as an underlying asset, whereas the Bitcoin futures ETFs invest in derivatives contracts based on Bitcoin prices.

One could ask – what is the difference between the Bitcoin spot ETP and owning the Bitcoin directly? On a very basic level, the first is regulated and in the majority of cases, managed by established financial entities, and the other is not, while the underlying asset is the same – Bitcoin.

Allowing for the Bitcoin spot ETP

The first application for Bitcoin spot ETP was filed with the SEC on July 1, 2013, by the Winklevoss brothers. Since then, multiple applications have been filed under the federal securities regulation, all rejected by the SEC on grounds of anti-fraud and investor protection. Meanwhile, the SEC permitted derivative products – the Bitcoin ETFs, creating a noticeable double standard. This inconsistency was finally challenged by Grayscale Investments, LLC in 2022. On August 29, 2023, the DC Circuit Court of Appeals ruled this double treatment as “arbitrary and capricious,” criticizing the SEC for failing to “ explain its different treatment of similar products.”

The SEC did not appeal this decision and instead initiated a review of 11 applications for Bitcoin spot ETPs.

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What does this mean?

The SEC approved 11 applications for spot Bitcoin ETPs, and entities such as Blakcrock, Grayscale, Fidelity, VanEck, ARK 21Shares and others, allowing them to invest in Bitcoin and create derivative products for retail investors. This decision culminated in a significant trading volume of $4.6 billion – on the first day of trading – January 11, 2024, indicating a strong market interest.

This situation underscores the need for the SEC to rethink its approach to regulating crypto assets. The current stance is somewhat paradoxical. The SEC imposes strict limitations on primary crypto activities and innovative start-ups, often suggesting a view of crypto activities as potentially fraudulent. Yet, simultaneously, it facilitates secondary trading through established financial institutions. This implies that only a select few are deemed capable of safely engaging in the crypto market.

The SEC’s approach of creating space for traditional financial entities in the crypto space while tightly constraining grassroots crypto activities points to an unusual standard of operation that may need reevaluation to ensure a more balanced and inclusive market.

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Former top Treasury adviser warns that HMRC plans to track personal finances with AI

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Former top Treasury adviser warns that HMRC plans to track personal finances with AI
HMRC could follow Spain’s lead on tracking personal finances (Reuters)

A former senior Treasury adviser to Gordon Brown has warned that HMRC is on the cusp of using artificial intelligence to track people’s and businesses income and expenditure without them knowing.

Dr Chris Wales, who was a member of Mr Brown’s Council of Economic Advisers for more than six years, has sounded the alarm while launching a chilling book on the conduct of the Spanish tax authority, Agencia Tributaria.

He is set to join former Labour Treasury minister Baroness Dawn Primarolo at an event next week flagging up how the Spanish model of dealing with tax evasion is about to arrive in the UK suggesting that the door is opening for a “surveillance state.”

HMRC could follow Spain's lead on tracking personal finances (Reuters)
HMRC could follow Spain’s lead on tracking personal finances (Reuters)

In a preview of the future, Dr Wales has claimed that confidentiality in personal life – not just finances – “will simply go out of the window” and asks whether there are adequate safeguards in the UK to prevent HMRC from emulating its Spanish counterpart.

He said: “From 1 January, every single invoice will go through the tax agency in Spain. The Inspector can already obtain all your utility bills and will soon find out which clinic and pharmacy you use and what you buy there, which restaurants you eat at, where you purchase wine and groceries, what kind of car you have, how far you drive and where you park, what flights you take and which hotels you use. Information security? A thing of the past.”

He went on: “I am far from being a libertarian, but I see great danger in the direction in which tax authority powers are going, particularly because the process doesn’t seem to involve our active consent. There is little parliamentary debate about it. In Spain it is simply out of control. In the UK, let’s see.”

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Highlighting the CONNECT AI program already used by HMRC in the UK, Dr Wales claimed that the UK is now close to following Spain’s lead.

He said: “HMRC has been using sophisticated information technology for years including an AI system called CONNECT which, as early as 2023, was said to contain more than 55 billion taxpayer-related data items.

“It will be much bigger today with these billions of pieces of information about taxpayers capable of being sorted quickly by AI.”

Dr Wales, who is now senior research adviser at International Centre for Tax and Development, added that HMRC also declines to say what algorithms it uses, under the pretext that if you publish them people will “game the system”, a claim that he suggests does not stand up to scrutiny.

“The system is understood to be used to target evasion. For tax authorities, everyone is a potential tax evader. This means that they believe they have a legitimate reason to collect data about all of us,” he said.

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Dr Wales and Baroness Primarolo will be urging parliamentarians in the UK to make more of a stand and apply greater scrutiny than has happened in Spain.

He noted that the Spanish government is trying to introduce a new law, making it an official secret, how the data is used, what algorithms are employed in the selection of taxpayers for investigation and whether there is any review by an official, in apparent defiance of the EU AI Act, GDPR and its own Constitution. “This is obviously a matter of deep concern. When the reasons why decisions are made are unknowable, legal challenge becomes almost impossible.”

In Spain the system is already being used against British expats and others by the authorities.

An HMRC spokesperson said: “Our data and collection powers are set by Parliament and subject to strict legal safeguards, oversight and data protection laws. They exist so we can collect the right tax to fund vital public services, and target error and fraud in a way which minimises intrusion on the honest majority.

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“Artificial intelligence supports some of our processes but never replaces human decision-making and oversight. We remain committed to the safe use of these technologies, underpinned by strict data protection, security and ethical standards.”

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Boyle Heights warehouse fire: Where neighbors, victims can seek financial assistance

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Boyle Heights warehouse fire: Where neighbors, victims can seek financial assistance

More than two weeks after a fire broke out inside the Lineage warehouse in Boyle Heights, many neighbors have received N95 masks and air purified while mobile health clinics are set up in their area.

But some neighbors said the massive fire that sent toxic fume into the air and created a horrendous stench of rotting food has cost them out of pocket.

Neighbors said they missed days of work while spending extra money on property cleanup. One woman said she spent hundreds of dollars on air purified before they became more widely distributed.

Lineage, the company that operates the burned warehouse, donated $2 million to the California Community Foundation (CCF) so the money can be distributed to the community. The organization said it’s split the money between different organizations.

At least 10 of them are listed as providing financial assistance.

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The Boyle Heights Chamber of Commerce said it’s offering small business grants funded, in part, by the group, Inclusive Action for the City.

“We’re hoping that for brick and mortars: it would be up to $3,000. And then for our vendors, it would be up to $1,000,” Miriam Rodriguez with the Boyle Heights Chamber of Commerce said, adding the application is “very straightforward.” “It’s intentionally made that way so that there’s not a lot of requirements. We’re not asking for legal status. We’re not asking for pages of documentation.”

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Regions expands municipal finance business with acquisition of Montgomery’s Frazer Lanier

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Regions expands municipal finance business with acquisition of Montgomery’s Frazer Lanier

Regions Financial Corp. has expanded its municipal finance and investment banking business with the acquisition of Montgomery-based The Frazer Lanier Company, a firm that has advised Alabama governments, schools and universities on financing for nearly 50 years.

The Birmingham-based bank announced Thursday that it has closed on the acquisition of Frazer Lanier, a full-service investment banking firm specializing in municipal and corporate securities. Financial terms of the transaction were not disclosed.

Founded in 1976, Frazer Lanier has built its business by advising corporations, cities, counties and other public entities on financing projects while serving as an underwriter or placement agent for tax-exempt and taxable bond offerings. Ultimately, the firm helps governments, school systems, universities and other organizations raise money for public projects through bond offerings and other financing strategies.

The Montgomery firm also maintains offices in Birmingham and Florence and says it has served thousands of public and private clients throughout the country.

Along with serving municipalities, Frazer Lanier’s published client list includes the Alabama State Board of Education, the University of Alabama, the University of Alabama at Birmingham, the University of Alabama in Huntsville, Auburn University, the University of South Alabama and Alabama State University, along with numerous city and county school systems across Alabama.

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Regions said the acquisition supports its strategy of expanding investment banking capabilities and strengthening services for public-sector, corporate and institutional clients. The company said combining Frazer Lanier’s experience with its Corporate Banking and Capital Markets divisions will expand its municipal finance capabilities and provide clients with broader access to capital markets solutions.

“Two of our top priorities at Regions Bank are strategically expanding our services and investing in top-tier banking talent,” said John Turner, chairman, president and CEO of Regions Financial Corp. “By welcoming experienced bankers from Frazer Lanier to the Regions family, we are connecting Regions’ clients with even greater capabilities while advancing our long-term strategy for growth.”

Frazer Lanier will become part of Regions Bank’s Capital Markets division within the company’s Corporate Banking group.

“There’s a natural fit here,” said Brian Willman, head of Corporate Banking for Regions. “Frazer Lanier has built trust by staying close to clients and helping them navigate important decisions. That’s exactly how we approach relationships at Regions. Together, we can expand that model by bringing more ideas, more capabilities and more connectivity to clients across our markets.”

Regions, which has approximately $161 billion in assets, said the acquisition will strengthen its ability to serve municipalities, corporations and institutional clients across its multi-state footprint while expanding its municipal finance and investment banking services.

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Sherri Blevins is a staff writer for Yellowhammer News.  You may contact her at [email protected].

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