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Caroline D. Pham, Securities Fraud, District of Columbia 2022

Commodity Futures Trading Commissioner Caroline D. Pham has issued a strong warning regarding the need for increased regulation of the cryptocurrency market, particularly in the wake of the recent collapse of TerraUSD (UST) and its associated tokens. Speaking at the DC Blockchain Summit and with Yahoo! Finance Live, Pham emphasized the risks posed by unregulated “shadow banking” within the crypto space and the potential for significant losses for retail investors.

Pham highlighted the CFTC’s existing regulatory framework as a potential foundation for extending oversight to novel crypto products. She noted the speed with which regulations could be applied if built upon existing structures, referencing the Dodd-Frank Act of 2010, passed after the 2008 financial crisis, as a model for responding to systemic risk.

A key focus of Pham’s comments was the classification of stablecoins, particularly algorithmic stablecoins like UST. She stated regulators need to determine if these assets should be considered derivatives, falling under CFTC jurisdiction, or securities, which would be overseen by the Securities and Exchange Commission (SEC). The Commissioner indicated the CFTC already has regulatory touchpoints over non-security crypto assets and direct oversight of some spot markets.

Pham expressed concern that many investors are treating crypto tokens as speculative “lottery tickets,” potentially unaware of the significant risks involved. She stressed the importance of appropriate customer protections and clear disclosures to ensure investors understand the volatile nature of these assets. Billions of dollars in value have been erased by the recent crypto market downturn, underscoring the urgency of regulatory action.

The Commissioner welcomed ongoing efforts in Congress to establish a comprehensive regulatory framework for crypto, potentially expanding the CFTC’s jurisdiction. She believes clarity in regulation is vital for fostering compliant growth in digital asset markets while safeguarding retail investors. Pham, alongside SEC Commissioner Peirce, has called for public roundtables to examine the causes of the recent market failures and gather input for responsible regulation. She also indicated the CFTC is prepared to pursue enforcement actions against instances of fraud and manipulation within the crypto space.

Source: CFTC.gov

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