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SEC lawsuits escalate Gary Gensler’s assault on crypto markets

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SEC lawsuits escalate Gary Gensler’s assault on crypto markets

The US securities regulator’s lawsuits against crypto exchanges Binance and Coinbase this week marks its most aggressive legal assault on the digital asset market.

The Securities and Exchange Commission accused Binance and Coinbase, two of the industry’s biggest companies, of violating US securities laws, offering unregistered securities and operating as unregistered venues, among other charges. The duo account for half of global trading in digital assets.

Binance was also accused of mixing billions of dollars of customer cash with a separate trading firm owned by its chief executive and inflating its US platform’s trading volume.

The cases are the most high profile enforcement actions by the agency after repeated warnings from chair Gary Gensler that crypto exchanges and the tokens they were trading were likely falling foul of US federal laws.

After his appointment two years ago, Gensler frequently urged platforms to register with the agency and flagged that most digital tokens qualify as securities. His language hardened in recent months after the failure of the FTX crypto exchange last November.

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After two big lawsuits in two days, the former Goldman Sachs banker-turned-regulator, who built a reputation in Washington for a hard-charging approach, was strident.

“We don’t need more digital currency,” Gensler told CNBC on Tuesday. “We already have digital currency. It’s called the US dollar. It’s called the euro or it’s called the yen, they’re all digital right now.”

Critics have bristled at the SEC’s approach, accusing the agency of failing to define the rules for their long-term policy for the crypto industry and instead regulating the market through enforcement actions.

“Regulation by enforcement is not an appropriate way to govern a market,” said Glenn Thompson, chair of the House of Representatives Committee on Agriculture at a hearing on the future of digital assets in Washington on Tuesday.

One of the crypto industry’s biggest complaints has been a perceived lack of clarity from the US regulator over what counts as a security. With the two lawsuits, the SEC laid out a list of more than a dozen coins it considers securities, including popular crypto tokens Solana, Cardano and Polygon.

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By naming them, some lawyers think the agency has left the door open to target other crypto trading venues.

“These are complaints that strike to the very heart of the crypto exchange business model,” said Peter Fox, partner at law firm Scoolidge, Peters, Russotti & Fox. “They didn’t choose obscure digital assets that might only be on Binance to make their case, they chose well known, widely traded assets that are likely to be listed on many exchanges.”

But Gensler believes existing rules are sufficiently clear.

“I think there’s been clarity for years,” Gensler told CNBC, adding that investors are protected by securities laws and “crypto should be no different”.

Brian Armstrong, chief executive of Coinbase, said the SEC was relying on an “enforcement-only approach” that was “harming America” and that “the SEC and [Commodity Futures Trading Commission] have made conflicting statements, and don’t even agree on what is a security and what is a commodity”.

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He added: “So if we need to avail ourselves of the courts to get clarity, so be it.”

Binance said the SEC’s actions “appear to be part of a rushed effort to claim jurisdictional ground from other regulators — and investors do not appear to be the SEC’s priority”.

Both exchanges have indicated they will fight the SEC’s charges in court. Coinbase has also said it will continue to lobby politicians to pass clearer rules for the crypto market in the US.

Gautam Chhugani, senior analyst of global digital assets at Bernstein, said: “The exchanges are going to dispute this and that dispute can only be resolved by Congress or the judiciary, whichever is earlier.”

But with lawmaking and enforcement cases likely to take years, some observers expect the regulators to file more cases in the meantime.

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In recent months, US regulators have embarked on enforcement actions against crypto companies operating in the country including exchange Bittrex and Gemini, the crypto venue founded by the Winklevoss twins.

The SEC claimed Gemini and crypto lender Genesis ran a cryptoasset lending programme that was not registered as a securities offering, while the CFTC, the US derivatives regulator, in March sued Binance, accusing it and its chief executive Changpeng Zhao of operating illegally in the US.

“It is a very clear clampdown on the space and I don’t think the SEC is likely to stop here,” said Mark Palmer, analyst at Berenberg, about the Coinbase and Binance lawsuits. “I don’t know how any crypto exchange could think other than that it could be the next to be tapped.”

Crypto companies argue there is no easy path for them to register with the SEC, and that they find themselves in a precarious position. Gensler on Tuesday compared crypto venues unfavourably to traditional stock markets such as the New York Stock Exchange. The latter does not operate a hedge fund or make markets, he said.

He said: “If there’s real value in the crypto tokens, then compliance will build trust and the business model might change. It’s the hard work of earning the investing public’s trust.”

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Fox, at law firm Scoolidge, said that even if crypto exchanges stripped down their services to resemble a traditional exchange “they would still have a massive problem because . . . you can only list classes of securities that are registered under the exchange act.”

“If the [crypto] exchanges registered as exchanges, they wouldn’t be allowed to conduct their business in any form remotely resembling what they do,” he said.

Additional reporting by Scott Chipolina in London

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China looks to relax cross-border data security controls

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China looks to relax cross-border data security controls

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China has moved to water down some of its tough cross-border data controls amid complaints from foreign businesses and a teetering economy.

The Cyberspace Administration of China unveiled rules on Thursday evening which look to clarify and simplify the transferring of data out of the country for ordinary business activities. 

Beijing’s move to walk back part of its burdensome regime comes amid efforts to reassure foreign businesses concerned about deteriorating US-China relations and the creeping influence of its own security apparatus.   

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Under the security rules in place, CAC has been reviewing reams of data export submissions from foreign groups wanting to share “important data” abroad.

However, the rules “created an untenable situation, with people unsure if they should apply for the data reviews and unsure on what counted as important data”, said Graham Webster, a China expert at the Center for International Security and Cooperation at Stanford University.

“These changes would create a more clear path for most data to be sent abroad,” he said. 

CAC’s new draft rules state that only data explicitly categorised as important by government agencies would need to be submitted for security review. The draft rules allow global companies to share employee records outside the country, while personal information — needed for cross-border purchases or reservations — can also be sent without security reviews.  

China’s tough controls, coupled with an expanded anti-espionage law that went into effect in July, spurred many foreign groups to begin hiving off their local IT systems and data. Many companies have opted to fully localise data for fear of inadvertently transferring out sensitive material. 

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CAC’s draft rules are open for public comment until mid-October and it is unclear if the changes will be enough to assuage foreign companies.

An expanded anti-espionage law remains in place and the Ministry of State Security has pushed a “whole of society” approach to policing security risks — under which all citizens are encouraged to join the ministry’s fight against espionage — while stepping up its domestic propaganda efforts. 

State security officials have raided the offices of US consultancies such as Bain & Company and Mintz Group this year, and aired a primetime broadcast of police searching the offices of Capvision, the expert network group which helped foreign investors with due diligence. Chips from Micron Technology, the US semiconductor giant, have also been labelled “serious network security risks” and banned in infrastructure.

“Security is still a huge concern for Xi Jinping’s China,” said Webster. “They’ve been sending mixed signals on gathering data and sending it abroad.”

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Fossil fuel rules catch Western towns between old economies and new green goals

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Fossil fuel rules catch Western towns between old economies and new green goals

An after school mountain biking club in Farmington, a town that’s trying to diversify away from just oil and gas.

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An after school mountain biking club in Farmington, a town that’s trying to diversify away from just oil and gas.

Kirk Siegler/NPR

FARMINGTON, N.M. — It’s late afternoon in Farmington, and the sun is casting an orange glow on sandstone cliffs where new mountain bike trails have been carved into the powdery dirt beneath.

A group of middle school girls are learning trail etiquette and practicing climbing hairpin turns.

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“Alright girls, we’ll climb up,” instructs Amy Conley, a coach with the local non profit Farmington Area Single Track, or FAST.

Demand for the after school program has grown exponentially since it began in 2020. Conley, who grew up in Farmington, is thrilled to see all the newfound use of public lands that surround her hometown.

“My whole family has worked [in the] oil field, and now it’s changing,” Conley says. “There’s not as much as there used to be, so it’s a lot different.”

The oil and gas fields built Farmington. For decades, natural gas and coal from the surrounding San Juan Basin helped power California. Lately, demand has slumped, and the the boom-and-bust cycles have pushed towns such as Farmington to diversify.

The town is caught up in a bigger national transition

Farmington, population 45,000, is now working overtime promoting its outdoor amenities and easy access to U.S. public lands.

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“I mean, we need something to keep people wanting to come this way. There’s tons of potential,” Conley says.

The oil and gas rich San Juan Basin helped power the western U.S. for decades. Today, it remains a big contributor to New Mexico’s record oil production revenues.

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The oil and gas rich San Juan Basin helped power the western U.S. for decades. Today, it remains a big contributor to New Mexico’s record oil production revenues.

Kirk Siegler/NPR

Some in the West see sweeping new federal land use rules passed in President Biden’s Inflation Reduction Act as key to economic revitalization for rural regions like northwest New Mexico that relied on oil and gas for decades but are now trying hard to diversify into tourism, recreation and green manufacturing.

This fall, the federal Bureau of Land Management is finalizing the new on-shore oil and gas leasing rule contained in the act. It could dramatically change how and where federal land becomes available for new leases to companies that want to drill across the West. Since the Mineral Leasing Act was passed in 1920, there have been few changes to the federal royalty rates that drillers pay, or to the bonds they must post before drilling to cover cleanup after.

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“This is a long-overdue update of our oil and gas rules that will make a huge difference on the ground for the future of so many communities,” says Ashley Korenblat of Public Land Solutions, a Moab, Utah-based nonprofit that consults with communities looking to transition to outdoor recreation economies.

The new rule would increase royalty rates on federal land from 12.5% to 16.67% and increase bonds from the current $10,000 to $150,000, among other significant changes.

“People like to blame it on regulation, but the reality is the market is changing for these communities,” Korenblat says. “If the regulations don’t keep up with actual market needs, you create this strange place where the communities are not winning from either recreation or oil and gas.”

Few outdoor recreation staffers cover an enormous area

Korenblat says the reforms could help Western towns that are trying to market their access to the great outdoors and diversify away from fossil fuel dependence.

Around town, there’s a growing frustration these days that the local Bureau of Land Management field office — which controls most of the land around Farmington — has only two full-time staff working on outdoor recreation. There’s also only one BLM ranger patrolling this vast region the size of Connecticut.

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Mountain biker and FAST co-founder Chris Conley wants to keep expanding his group and use more trails including a recently built bike park on federal land. But he says they continually run into delays, bureaucratic red tape and rising fees.

“We’re doing everything we can in our power to try and get kids outside,” Conley says. “But we’re met with opposition sometimes. We’re just doing what we can and trying to navigate it.”

The Bureau of Land Management declined interview requests for this story.

Those who still work in the oil and gas industry around the San Juan Basin say they haven’t been getting much support from the agency in recent years, either.

“It’s just such a slog to get through the BLM already,” sighs George Sharpe, an investment manager with Merrion Oil and Gas in Farmington. “And all they’re doing is making it harder.”

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Industry says new rule is political not practical

Merrion’s headquarters sit across from Farmington’s modern City Hall on a hill overlooking town and the Animas River, which is running cappuccino-colored after big thunderstorms rolled through.

Its prominent address feels symbolic. After all, oil and gas put Farmington on the map after early mom-and-pop companies like Merrion began exploring in the San Juan Basin in 1960. A large photo of the company’s Edna Well — which is still producing — sits in a hallway off of Sharpe’s office.

An oil and gas well on federal public land outside Farmington, New Mexico.

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An oil and gas well on federal public land outside Farmington, New Mexico.

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Much of the San Juan Basin has already been leased for drilling. But the industry says there’s still upwards of 100 trillion cubic feet of untapped natural gas, an estimate that doubles all the natural gas that’s already been mined here.

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Sharpe thinks the timing of the BLM’s proposed rule is ironic — New Mexico is currently second only to Texas in oil production, and is raking in record revenue.

“I believe climate change is happening. I believe man’s making an impact. I think we need to do something about it,” Sharpe says. “I just think if you’re trying to get off oil and gas, if you stop the production before you stop the consumption, that’s a recipe for disaster.”

A town caught in the middle of new goals and old rules

The controversy over the new onshore leasing rule follows a rocky couple of years for the Biden administration that may demonstrate how hard it is to fulfill a campaign promise to wean the country off fossil fuels.

Shortly after President Biden took office in 2021, he froze all new leasing for drilling on federal land. Lawsuits quickly forced the government to resume quarterly lease sales on federal land.

Republicans have blasted the new rule as the latest in a so-called war on energy independence. Most GOP presidential candidates at a debate Thursday vowed to overturn them.

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It’s a view shared by some around Farmington, where the new rule is seen as a half-hearted attempt at compromise.

Mayor Nate Duckett said the administration is “tightening the noose” all the time when it comes to drilling on federal land.

“If they stopped all production on federal lands, it would be awful for our area,” Duckett says.

The mayor has been trying to boost Farmington’s outdoor recreation economy by luring more outdoor retailers and manufacturers of outdoor goods, such as fly rods, bullets for hunting or river rafts. He says newly erected signs around town pointing locals and visitors to all the outdoor amenities have helped spur an economic boon.

Farmington Mayor Nate Duckett helped launch “Jolt Your Journey,” a citywide effort to promote outdoor recreation amenities on public lands.

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Farmington Mayor Nate Duckett helped launch “Jolt Your Journey,” a citywide effort to promote outdoor recreation amenities on public lands.

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But Duckett also worries that the new drilling rule would be a further setback to an industry that funds so many local charities and other services. He points out the salary for outdoor jobs, such as a rafting or fishing guide, will never replace the well-paying jobs in traditional fossil fuel industries.

“Oil and gas and coal have been paying for everybody for a long time,” he says. When Duckett was a teenager, his stepfather relocated his family from Denver to New Mexico for a job in the coal mines.

On outdoor recreation, Duckett says, “This is really an accompaniment to, not necessarily a replacement of, oil and gas.”

There is a lot of pressure on federal lands right now

Still, Farmington leaders know the local BLM field office needs more staff and resources to aid in the town’s efforts to transition to a more outdoor recreation economy.

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One morning at the federal Glade Run Recreation Area just north of town, all of the different pressures on public lands that the Biden administration is trying to navigate are on full display. An off-roader in a jeep is spinning doughnuts on a dirt track. Behind him, surrounded by a chainlink fence, are six large oil wells.

Meanwhile, Doug Kennedy is finishing a 13-mile run, just as an oil field worker drives by in a pickup.

“It can be amazing, just sometimes where the sun hits the bluffs a certain way,” Kennedy says.

He says he doesn’t mind running amid all the development. The oil field workers often stop and ask him if he needs water. If he could, he’d run all the way to the Colorado state line from here.

“I wish there was even more access,” Kennedy says, guzzling water from a bottle under the hot sun.

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He adds he’d also like to see better management of these federal acres, a key debate as the Biden administration tries to overhaul and modernize the rules governing who gets to do what on America’s public lands.

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US stocks rally as oil price retreats from recent high

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US stocks rally as oil price retreats from recent high

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Global stocks rose on Thursday, helped by a drop in oil prices ahead of highly-anticipated US and eurozone inflation data.

Brent crude fell 0.8 per cent to trade at $95.78 per barrel, having earlier risen above $97 a barrel to its highest level since November. US marker West Texas Intermediate lost 1.1 per cent to $92.60.

Wall Street’s benchmark S&P 500 gained 0.8 per cent, while the technology-focused Nasdaq Composite rose 1.1 per cent in choppy trading in New York.

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The price of Brent crude had been heading towards $100 a barrel in recent weeks on concerns over global supply, which were stoked on Wednesday after a weekly US government report indicated that stockpiles at a critical delivery hub fell further.

Crude prices have risen 35 per cent since June after some of the world’s biggest producers announced a series of supply cuts to last until the end of this year, adding to investors’ concerns over persistent inflation.

“The biggest question mark for the inflation outlook is the evolution of fuel prices,” said Wouter Thierie, an analyst at ING.

“The danger . . . is that if oil prices stay high for longer, companies will increasingly pass on these higher fuel prices, causing it to trickle down to core inflation again.”

Europe’s region-wide Stoxx Europe 600 index closed up 0.4 per cent, ending a five-day losing streak. France’s Cac 40 advanced 0.6 per cent and Germany’s Dax gained 0.7 per cent.

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Despite the pullback in the oil price late on Thursday, recent gains have hit the bond market.

Yields on 10-year UK gilts were up 0.13 percentage points at 4.48 per cent on Thursday. Bond yields rise when prices fall.

Yields on the 10-year German Bund, a regional benchmark in Europe, rose 0.1 percentage points to 2.94 per cent, having hit their highest level since 2011.

The euro advanced 0.5 per cent to trade at $1.0575, edging up from a nine-month low.

Investors are turning their attention to US inflation figures due out on Friday, which are expected to show that the annual rate of consumer price growth rose to 5.3 per cent in August, up from 3.3 per cent in the previous month.

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German data on Thursday showed the rate slowed to 4.3 per cent year on year in September, down from 6.4 per cent in the previous month and below analysts’ forecasts of 4.5 per cent. Inflation figures from Spain also came in below expectations. Eurozone inflation data is also due to be published on Friday.

The European Central Bank at its last meeting raised interest rates to an all-time high of 4 per cent and signalled that its historic campaign had probably drawn to a close, unless surprises in the price data push policymakers towards further action.

“Today’s and tomorrow’s inflation figures are likely to be scrutinised by a data-dependent ECB and play a central role in the next interest rate announcement in October,” said Pia Fromlet, euro area economist at SEB.

In Asia, Hong Kong’s Hang Seng index gave up 1.4 per cent, hitting its weakest level in 10 months, while China’s benchmark CSI 300 lost 0.3 per cent. Japan’s Topix was down 1.4 per cent.

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