CFTC Chairman Rostin Behnam told an audience at the Financial Industry Association Expo about the agency’s activity in the crypto space and its need for modern legislation.

United States Commodity Futures Trading Commission (CFTC) Chairman Rostin Behnam highlighted his agency’s activity in the cryptosphere and the need for up-to-date legislation at the Financial Industry Association Expo 2023 event in Chicago. He described the CFTC Enforcement Division’s efforts as a “nonstop drumbeat.”

In the text version of his keynote address to the industry group, Behnam recounted the $6 billion his agency collected in penalties in fiscal year 2023. He added:

“45 of those [enforcement] actions this fiscal year involved digital asset-related misconduct, representing over 34% of the 131 such actions brought by the commission since 2015.”

Behnam singled out the “precedent-setting litigation” his agency won against Ooki DAO, which resulted in the closure of the decentralized autonomous organization and netted a $643,542 penalty. In its default judgment against Ooki DAO, the U.S. District Court for the Northern District of California found that the DAO was a “person” under the Commodity Exchange Act (CEA) of 1936.

Behnam returned to the CEA when he discussed the agency’s future direction. “The cornerstone of our latest era is disintermediation brought about by groundbreaking technology: DeFi, AI and standard WiFi,” he said, but:

“The limits in the CEA established in essentially another era create real barriers to engaging in rulemakings and policy that is necessary to our mission, but just beyond our scope.”

Furthermore, those limits force the agency “to engage in increasingly resource-intensive quests for assurances that we are acting within the bounds of our intended remit.”

I look forward to speaking Monday morning at @FIAconnect #FIAExpo on the @CFTC agenda and enforcement. My remarks will be posted online at https://t.co/JojHNdQoVh.

— Rostin Behnam (@CFTCbehnam) October 2, 2023

Vertical integration — an “outgrowth of electronification and the promise of DeFi” — is occurring throughout financial markets and leading to regulatory concerns, and “customer protections mean something different now,” according to Behnam.

Related: CFTC commissioner calls for crypto regulatory pilot program

Behnam’s statements contrasted sharply with Securities and Exchange Commission Chair Gary Gensler’s position that existing financial legislation “has been quite a benefit to investors and economic growth over the last 90 years” and should not be tampered with.

Behnam also indirectly addressed limitations on the CFTC’s enforcement authority. “To suggest that […] we must wait until victims suffer and cry out for help to be proactive […] undermines our mission and purpose,” he said. “I have continued to advocate for additional authority in the crypto space,” he later added.

Magazine: Cleaning up crypto: How much enforcement is too much?

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The company’s co-founder and president, Justin Young, told Cointelegraph in an email that plans to launch at a later date were “TBD.”

Volatility Shares, a financial firm offering a range of exchange-traded fund (ETF) products, canceled its plans to launch an Ether (ETH) futures ETF on Oct. 2, citing changes in the market. 

In an email with Cointelegraph, the company’s co-founder and president, Justin Young, confirmed the cancellation:

“You are correct — we did not launch today. We didn’t see the opportunity at this point in time.”

However, when asked if the company still planned to launch an ETH futures ETF at a later date, Young responded, “Of course,” adding that “plans are TBD.”

Ether futures ETFs track the prices of ETH futures contracts — agreements to trade the asset at a specific time and price in the future. Essentially, they allow investors to be involved in ETH trading without having to actually hold any of the cryptocurrency.

Related: SEC continues to delay decisions on crypto ETFs: Law Decoded

Volatility Shares was previously positioned to be the first firm to offer an ETH futures ETF. The United States Securities and Exchange Commission was expected to approve the first such product on Oct. 12, but concerns over the previously impending Oct. 1 U.S. government shutdown reportedly prompted the SEC to move the timeline for approval up.

As of Oct. 2, several firms have begun trading ETH futures ETFs, including Valkyrie, VanEck, ProShares and Bitwise.

Pretty meh volume for the Ether Futures ETFs as a group, a little under $2m, about normal for a new ETF but vs $BITO (which did $200m in first 15min) it is low. Tight race bt VanEck and ProShares in the single eth lane. pic.twitter.com/F9AHtrVcVf

— Eric Balchunas (@EricBalchunas) October 2, 2023

As Cointelegraph’s Turner Wright recently wrote, “Bills for the good or ill of digital assets would be halted amid a shutdown, and financial regulators, including the Securities and Exchange Commission and Commodity Futures Trading Commission, would be running on a skeleton crew.”

In a twist, the U.S. government managed to avoid the shutdown by passing a stopgap measure to keep services funded through Nov. 17, with the Senate voting 88-9 to pass the measure. U.S. President Joe Biden signed it into law immediately.

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A California resident is suing Binance and its CEO for tweets last November that, according to allegations, led to the collapse of the rival exchange.

A class-action suit was filed against Binance.US and Binance CEO Changpeng Zhao on Oct. 2 in the District Court of Northern California alleging various violations of federal and California law on unfair competition for attempting to monopolize the cryptocurrency market by harming its competitor FTX. The suit was brought by Nir Lahav, who is identified only as a California resident. 

At issue are posts made by Zhao on Twitter (now X) in early November on the eve of FTX’s collapse. The posts were made in conjunction with the decision by the defendants to liquidate their holdings in the FTX utility token FTT on Nov. 6. The plaintiffs estimated that Binance owned up to 5% of all FTT tokens.

The following day, Zhao stated in a Twitter post that Binance had signed a letter of intent to acquire FTX, but it backed out of that deal one day later. According to the suit:

“Zhao publicly disseminated this information [on the withdrawal of the acquisition offer] on twitter and other social media platforms to hurt FTX Entities that ultimately lead to a rushed and unprecedented collapse of FTX Entities.”

After began its argumentation with a defense of the Securities and Exchange Commission’s (SEC) policies on crypto and invocation of the Supreme Court’s Howey and Reves decisions, among others.

As part of Binance’s exit from FTX equity last year, Binance received roughly $2.1 billion USD equivalent in cash (BUSD and FTT). Due to recent revelations that have came to light, we have decided to liquidate any remaining FTT on our books. 1/4

— CZ Binance (@cz_binance) November 6, 2022

It went on to claim that Zhao’s Nov. 6 tweet, “Due to recent revelations that have came [sic] to light, we have decided to liquidate any remaining FTT on our books,” was false and misleading, since Binance has already sold its FTT holdings, and the post was “intended to cause the price of FTT in the market to decline.”

Related: New FTX documentary to spotlight SBF-CZ relationship

The plaintiffs found evidence for their claim in the same post by Zhao, where he wrote, “We are not against anyone. […] But we won’t support people who lobby against other industry players behind their backs.” The plaintiffs took the latter sentence to indicate that Binance opposed FTX CEO Sam Bankman-Fried’s “regulatory efforts.”

Sad day. Tried, but

— CZ Binance (@cz_binance) November 9, 2022

The suit alleges that Zhao’s proposal to acquire FTX was not made in good faith and the episode would “ultimately lead” to the collapse of FTX:

“Zhao’s tweet resulted in FTT price declining from US 23.1510 to US 3.1468. This significant drop plummeted FTX Entities into bankruptcy without giving an opportunity or chance to FTX Entities’ executives and board of directors a chance [sic] to salvage the situation and put in safe guards to protect its clients and end-users.”

The suit demanded monetary damages, court costs and disgorgement of ill-gotten gains based on seven counts. “Plaintiff believes that there are thousands of members of the proposed class,” the suit stated.

CZ just executed the most gangster play we've seen in Crypto, ever, period. The BALLS on this man. Truly -- bravo.

Also bravo to Sam to choose the correct option that protects customer assets, swallow his pride, and not burn everything down in an unnecessary fight.

WHAT A SHOW!

— Autism Capital (@AutismCapital) November 8, 2022

As the suit noted, both Binance and FTX are currently subject to SEC actions. The criminal case against Bankman-Fried will begin Oct. 4 in New York. Zhao addressed potential accusations of unfair competition in the same tweet that is cited in the suit. “Regarding any speculation as to whether this is a move against a competitor, it is not,” he wrote.

His statement did not stop speculation to that effect within the crypto community, however. The CEOs of the crypto exchanges traded jibes on then-Twitter for weeks afterward.

Magazine: FTX bankruptcy filing details, Binance’s crypto industry fund and a U.S. CBDC pilot: Hodler’s Digest, Nov. 13-19

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