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To Boost Crypto, Break The Federal Grip On Americans’ Financial Rights

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To Boost Crypto, Break The Federal Grip On Americans’ Financial Rights

Despite the efforts of a few members of Congress, U.S. cryptocurrency policy remains a mess. For years, the Securities and Exchange Commission, most federal banking agencies, and many members of Congress have been outright hostile toward crypto.

But due to several new proposals, many crypto supporters are hopeful this hostility will fade. Over the last few weeks, Sen. Cynthia Lummis (R-WY), former President Donald Trump, and presidential candidate Robert F. Kennedy Jr., all announced proposals for the U.S. to create a bitcoin reserve.

Given the sad current state of U.S. crypto policy, however, it is doubtful these kinds of proposals would get things on track. Still, they provide a great opportunity to have a more fundamental conversation about how to improve crypto policy. To paraphrase my colleague George Selgin, there’s surely a good policy somewhere between the status quo and these reserve proposals.

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And it’s vital that Congress finds it.

Crypto enables new forms of digital payments, where users can bypass traditional third-party intermediaries, such as banks and broker-dealers. In other words, it allows for person-to-person electronic transfers of digital assets, including money.

In theory, allowing people to spend money electronically in ways resembling how they’ve been spending cash shouldn’t be controversial, especially in America. Nonetheless, this feature, along with the potentially disruptive nature of crypto, has proven too much for politicians to overcome.

Some people don’t like that crypto is a competitive threat to companies in the traditional payments industry. Others don’t like that it’s a threat to the existing anti-money laundering regime. (That’s an especially big problem because the federal government has drafted traditional financial institutions to act as an extension of law enforcement.) Other critics see bypassing these systems as a threat to the U.S. dollar itself.

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The specter of these threats has made it difficult to develop sound cryptocurrency policy, but there are two basic principles—principles that have been foundational to the United States—that can help Congress address these concerns.

The first one relates to the Fourth Amendment to the U.S. Constitution, which protects Americans against warrantless searches and seizures by the government. Thanks to the Bank Secrecy Act and its many amendments, Fourth Amendment protections have been all but eliminated when it comes to Americans’ financial records. The BSA gives law enforcement warrantless access to Americans’ financial records when they use a bank or any other financial institution.

Rather than adapt to the technology, many policymakers want to force crypto to adapt to a system that was designed to work with financial intermediaries. But crypto often upends the traditional role of intermediaries, thus forcing Congress to deal with how it has used those intermediaries to end-run the Fourth Amendment.

Many members of Congress (and the financial industry) now view the Fourth Amendment as a relic, somewhere between overly burdensome and an afterthought, unapplicable to modern America. But the Fourth Amendment was never supposed to be perfect. It represents, instead, the necessarily imperfect balance between the competing interests of individuals’ financial privacy and the government’s ability to gather evidence of a crime.

Reaffirming Americans’ Fourth Amendment rights, as Congress should do, would not be a license to commit crime. It would simply mean that law enforcement must demonstrate probable cause to a judge before accessing Americans’ financial records, just as they do for other searches.

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The second principle—limited government—dictates that people, not government officials, are generally the best judges of which economic transactions are in their own best interest. Yet, the federal government now dictates which methods of payments are acceptable, which special institutions may facilitate those payments, and how those institutions may operate. Some members of Congress even want cryptocurrency banned because it doesn’t fit into this government regime.

The principle of limited government also answers the critics who see crypto as a threat to the U.S. dollar. The federal government is not supposed to be the provider of Americans’ money precisely because governments tend to debase currency. The U.S. government is supposed to refrain from debasing people’s money, and to protect people’s right to use money as they see fit. The government is not supposed to control every aspect of how people use their money or even what they use for money.

Critics of crypto assume that the government’s existing monopoly on money issuance maintains the dollar standard itself, but that’s incorrect. The prevalence of the U.S. dollar grew when gold and silver were recognized as money, and it does not depend on a specific type of paper currency or digital entries. The prevalence of the U.S. dollar derives from the country’s relatively strong legal and economic systems, especially as they pertain to protecting individual property rights.

Many advocates of cryptocurrency are frustrated because the federal government has failed to uphold these limited government principles and debased the currency. Americans now have effectively one choice for money, and even the person-to-person transfer of that currency is now highly regulated and surveilled.

So, it makes sense that so many crypto proponents are cheering on these reserve proposals in the hope that they will gain wider acceptance for Bitcoin. Unfortunately, these proposals do not directly address the underlying problems that have kept U.S. crypto policy such a mess.

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Cryptocurrency will remain of limited use until Congress pares back the overly invasive regulatory framework that currently governs U.S. financial markets. To do so, Congress need only reaffirm the importance of the Fourth Amendment and a limited government.

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How “impact accounting” can integrate sustainability with finance

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How “impact accounting” can integrate sustainability with finance

Around three years ago, Charles Giancarlo, CEO of data platform Pure Storage, came back from Davos and asked his sustainability team to look into an idea he’d encountered at the meeting: Impact accounting, a method for integrating emissions and other externalities into company balance sheets. 

The idea had been slowly picking up adherents in Europe for around a decade, but Pure Storage, which rebranded this month to Everpure, would go on to become the first U.S. company to join the Value Balancing Alliance (VBA), a group of 30 or so companies developing the approach. Trellis checked in last week with Everpure and the VBA for an update.

How does impact accounting work?

At the heart of the approach are a set of “valuation factors,” developed by third-party experts, that are used to convert activity data for emissions, water use, air pollution and other externalities into dollar figures that can be integrated into balance sheets. In the case of emissions, for example, the VBA uses $220 per ton of carbon dioxide equivalent, a figure based on the estimated social impact of rising greenhouse gases levels. 

At Everpure, one long-term goal is to have cost centers be aware of the dollar impact of relevant externalities. After an initial focus on identifying and collecting the most material data, the team is now rolling out a dashboard containing several years of impact accounting numbers.

“It’s catered to different personas,” explained Adrienne Uphoff, Everpure’s ESG regulations and impact accounting manager. Finance was an initial use case, with product managers also on the roadmap. “You can compare it to financial numbers to really understand the impact intensity.”

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What value does the approach bring?

“The essence of impact accounting is that you’re translating all these different metrics in the sustainability space into the language the decision makers understand,” said Christian Heller, the VBA’s CEO. “Everyone understands what you’re talking about, and you get a sense of the magnitude of your impact and the risks and opportunities.”

This has allowed Everpure to calculate what Uphoff called the “environmental costs of goods sold” and to estimate the impact of circular strategies, such as refurbishing hardware. The analysis reveals “impact savings across the full value chain across five different environmental topics all in a single dollar unit,” she said. 

Analyses like that can then be shared with customers and used to distinguish Everpure from competitors. “The long-term winners in this space are going to be those that can perform against sustainability goals,” said Kathy Mulvany, Everpure’s global head of sustainability. “Impact accounting gives us a way to bring comparability, so companies can understand how they’re truly stacking up.”

What does it take to implement impact accounting?

A great deal of technical work goes into creating valuation factors, but the system is designed so that outside experts create the numbers and hand them to sustainability professionals for use. Still, not every company will have the in-house environmental data that is also needed. Many companies have been collecting emissions data for five years or more, for example, but detailed datasets for water use are less common.

Internal teams also need to be familiar with the concepts. “One of the key learnings from our impact accounting implementation is that the socialization curve is longer than you expect,” said Uphoff. “Attaching monetary values on externalities introduces new metrics and mental models, and that can naturally make people a little nervous at first. It takes time and dialogue for teams to build confidence in how to interpret this new lens on performance.” 

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What’s next?

In the early days of impact accounting, companies and consultancies worked independently on different methodologies. Now that work is coalescing, said Heller. The International Standards Organization will start work on a standard this summer, he added, and the VBA is having conversations with the IFRS Foundation, which creates international financial reporting standards.

The approach may also be integrated into mandatory disclosure standards. Heller noted that the European Union’s Corporate Sustainability Reporting Directive mentions the potential benefits of companies putting a dollar figure on some environmental impacts. “It’s the next evolutionary step of any kind of sustainability disclosure regulations,” he said.

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2 Aspira charter high schools to close by April due to financial issues

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2 Aspira charter high schools to close by April due to financial issues

Chicago Public Schools is shutting down two Aspira charter high schools by the middle of the year, following financial issues over the past year. 

School leaders are calling the move “unprecedented.”  

Students at the Aspira Business and Finance High School at 2989 N. Milwaukee Ave. in Avondale held a walkout right outside of Aspira after the CEO said they only have enough money to stay open for the next four to five weeks.

Students wanted their questions answered as to why they’re being transferred to other schools.

Angelina Mota is a senior at the high school and said she is concerned about her future.

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“It’s very difficult, especially for us, hearing that credits might not go all the way with us. That our graduation might just be taken back. It’s very disappointing,” she said.

This is the first time a CPS school will close before the end of the school year. Both Aspira and CPS said the charter network won’t have the funds to stay open past April.

“The burden on our seniors has got to be… they don’t give a damn about the kids. The seniors,” Aspira of Illinois CEO Edgar Lopez said while fighting back his emotions.

The school is facing a $2.9 million deficit, impacting 540 students and dozens of staff.

CPS said they have already given more than $2.5 million to the charter school to help sustain operations. They said under Illinois law, it reached the legal limit of funding it can provide.

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This has been a year-long effort in compliance with state charter school law.

In a statement, CPS said, “Aspira has not submitted required documentation, including evidence of funding to support operations through this school year.”

The documents CPS said are overdue include the school’s fiscal year 25 financial audit, general ledger, and payroll.

“We’re not hiding nothing. The financial documents that they were asking for, Jose told them, we’ll have them to you by Friday. Then they send a letter by Thursday. They didn’t even give us a chance,” Lopez said.

CPS said they’re initiating this due to the lack of financial transparency and solvency.

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“We know we don’t want to go anywhere else because we’re used to the routine we have here,” said student Arichely Molina.

“Please let us (stay) open. at least until we graduate,” Mota said.

CPS said their main goal is to ensure the kids have a safety net as they transition to another school. 

The second school is located at 3986 W. Barry Ave., also in the Avondale neighborhood.

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Why has the UAE closed its stock exchanges?

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Why has the UAE closed its stock exchanges?

The United Arab Emirates has closed its main stock exchanges amid a widening conflict in the region following the United States and Israel’s attacks on Iran.

The UAE’s financial regulator on Sunday announced that its key exchanges in Dubai and Abu Dhabi would not immediately reopen after the weekend break amid the fallout of the US-Israeli attacks that killed Iran’s Supreme Leader Ayatollah Ali Khamenei.

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The announcement that the Abu Dhabi Securities Exchange and Dubai Financial Market would remain closed on Monday and Tuesday came after the UAE was hit with hundreds of Iranian missile and drone attacks, including a strike on Abu Dhabi’s main airport that killed one person and wounded seven others.

The UAE’s Capital Markets Authority said in a statement that it would continue to monitor developments in the region and “assess the situation on an ongoing basis, taking any further measures as necessary”.

Here is all you need to know about the move.

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Why has the UAE decided to shut its main stock exchanges?

The financial regulator did not elaborate on the rationale for its decision, only saying that it was taken in accordance with its “supervisory and regulatory role” in managing the country’s financial markets.

While closing the stock market outside of scheduled breaks is relatively unusual worldwide, especially in the era of electronic trading, it is not unprecedented.

Typically, when financial authorities halt stock trading during a crisis, it is because they are concerned about panic selling.

During periods of extreme volatility, such as wars and financial crises, investors often rush to sell their holdings to avoid suffering big losses.

As investors sell their stocks, the market value falls further.

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This dynamic can spur a vicious cycle that, left unchecked, can lead to a full-blown market crash.

Since the US-Israeli attacks on Iran, stock markets around the world have seen significant – though not catastrophic – losses, while oil prices have risen sharply.

Saudi Arabia’s benchmark Tadawul All Share Index fell more than 4 percent on Sunday, while Egypt’s EGX 30 dropped about 2.5 percent.

In Asia, major stock markets closed lower on Monday, with Japan’s benchmark Nikkei 225 and Hong Kong’s Hang Seng Index down about 1.4 percent and 2.2 percent, respectively.

The practice of shutting the market to prevent panic selling is controversial among economists and investors.

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Closing the market prevents investors from accessing cash they might need in a hurry.

Critics also argue that such closures only exacerbate the sense of panic they seek to prevent and distort important signals about the market.

“Investors don’t like uncertainty, and at times of market stress, liquidity is most important. It appears the UAE just took that away,” Burdin Hickok, a professor at New York University’s School of Professional Studies, told Al Jazeera.

“This move has the potential of diminishing the status of Dubai as a true major market and weaken investor confidence in the Dubai markets. There has to be some concern about capital flight and negative ripple effects.”

Has this happened before?

The UAE has closed its stock exchanges before, though not due to regional conflict.

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In 2022, the UAE halted trading as part of a period of mourning declared to mark the death of President Khalifa bin Zayed Al Nahyan.

The emirate announced a similar pause following the death of Dubai’s ruler, Sheikh Maktoum bin Rashid Al Maktoum, in 2006.

“Historically, to the best of my knowledge, no Middle Eastern state, including Israel, has closed its stock exchange during a time of regional conflict,” Hickok said.

“In prior conflicts, Israel has modified hours of their exchange, but we are talking hours, not days.”

Other countries have shuttered their stock markets during periods of major turmoil in recent years.

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After Russia launched its full-scale invasion of Ukraine in 2022, authorities shut the Moscow Exchange for nearly a month.

In 2011, Egypt shut its stock exchange for nearly two months as the country was grappling with the upheaval of the Arab Spring.

After the September 11, 2001, attacks on the United States, the New York Stock Exchange and the Nasdaq halted trading for six days, the longest suspension since the Great Depression.

How important is the UAE’s stock market?

The UAE is a relatively small player in the world of capital markets, though it has made significant inroads in recent years.

The Abu Dhabi Securities Exchange and Dubai Financial Market have a combined market capitalisation of about $1.1 trillion.

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By comparison, the New York Stock Exchange, the world’s biggest bourse, has a market capitalisation of about $44 trillion.

Saudi Arabia’s Saudi Exchange, the biggest exchange in the Middle East, is valued at more than $3 trillion.

Still, the UAE’s stature among financial markets has been on the rise.

Before the latest crisis, UAE-listed stocks had been on a winning streak.

The Dubai Financial Market General Index, which includes companies such as Emirates NBD and Emaar Properties, rose more than 29 percent in the 12 months to February 27.

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Haytham Aoun, an assistant professor of finance at the American University in Dubai, said while the UAE could see some outflow of foreign capital, the country’s economy remains on a strong footing.

“A temporary stock market closure will have a limited impact on long-term economic variables, provided the fundamentals remain strong,” Aoun told Al Jazeera.

“In the UAE case, it’s a precautionary intervention, and not a sign of structural weakness.”

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