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Slow But Steady: FATF Review Highlights Crypto Exchanges’ Struggle to Meet AML Standards

Slow But Steady: FATF Review Highlights Crypto Exchanges’ Struggle to Meet AML Standards

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Compliance with FATF’s travel rule presents major technical difficulties, but the blockchain industry is best-equipped to overcome them.

In June 2019, the intergovernmental Financial Action Task Force (FATF) introduced its revised set of standards for virtual asset service providers. The document establishes the anti-money laundering and counter-terrorism (AML/CFT) requirements that regulated VASPs —  the term mainly referring to cryptocurrency trading platforms — must eventually implement in their day-to-day operations. The guidelines are framed as recommendations, and the FATF leaves it to the participating nations’ governments to develop their own regulations in accordance with suggested principles.

The watchdog has also set a 12-month review timeframe to monitor the public and private sectors’ progress in putting the revised standards into effect. Following the review period’s expiration in June 2020, the FATF put together a report summarizing a year’s worth of legislative and compliance work. Here is how both the FATF and industry participants evaluate today’s state of international anti-money laundering standardization as it relates to digital assets.

The watchdog’s perspective

The report states that 35 out of 54 surveyed nations have implemented the revised standards on virtual assets in their domestic legislation, while another 19 have yet to do so. The FATF admits that implementation was not always smooth for both the public and private sectors. However, the group maintains that it hasn’t detected any major issues that could warrant amending the requirements.

The organization said it would keep a close eye on digital assets and announced another 12-month review of the revised standards’ implementation.

A particularly enlightening discussion of the FATF decision making happened last week on the Dedicated Online Financial Integrity Network’s (DOLFIN) platform. The webinar featured four former heads of the United States delegation to the FATF, whose accounts offered an informed perspective on how the organization approaches risk management for virtual assets and stablecoins.

Jennifer Fowler, currently a director in Brunswick Group’s Washington, D.C. office who served as the Vice President of the FATF in 2017-2018, said that continuous risk assessment is at the heart of the watchdog group’s approach to digital assets.

One concerning trend that Fowler mentioned is that lately the organization has noticed an uptick in the number of professional money launderers turning to crypto, especially against the backdrop of the coronavirus pandemic. Fowler mentioned that another potential threat that the FATF is closely watching is peer-to-peer transactions, whose growth can render the group’s traditional focus on regulating intermediaries (such as VASPs) obsolete.

Chip Poncy, currently an executive on K2 Fin’s compliance team who led the U.S. delegation to the Financial Action Task Force from 2010 to 2013, talked about the paradigm of open versus closed loops in assessing the risks posed by new financial instruments. An open-loop system is the one that is connected to the traditional finance system, while a closed-loop system is self-sufficient.

New financial instruments that create open-loop systems can be regulated at the points bridging them with the fiat realm (e. g. VASPs), while closed-loop arrangements are of limited interest to the policy community. However, when a closed-loop system expands to reach a substantial size, it can create risks of its own. This is why, Poncy observed, the FATF is keeping a watchful eye on the scale of digital assets’ adoption.

No taking foot off the gas

To VASP representatives and industry insiders, the FATF report held few surprises. Elsa Madrolle, international general manager at the crypto wallet and security startup CoolBitX, told Cointelegraph that the continuation of the 12-month review process until June 2021 has been widely expected, as the FATF generally stayed in close contact with the industry throughout the year, hosting regular Contact Group updates.

Naturally, service providers welcomed the one-year review extension. Under the initial deadline, it has been virtually impossible for market participants to ensure compliance with one of the central components of the revised standards package, known as the travel rule. It holds that for transactions exceeding $1000, exchanges should transmit the details on the identity of both originator and beneficiary of the funds.

Sumit Gupta, CEO of Indian crypto exchange CoinDCX, observed to Cointelegraph:

“The FATF has committed to conducting a second review in June 2021, signaling that it is reaffirming its stance towards the sustainable regulation of the crypto industry at a pace that is appropriate for the development of the global crypto market. We do not see this as an extension of its deadline so that VASPs can take their foot off the gas, but rather as a buffer period for the industry to move towards full implementation of the Travel Rule come next year.”

Compatibility issues

Others, however, noted the downsides to the FATF’s approach. A major bone of contention has been that the watchdog group’s recommendations are not particularly conducive for creating a coherent cross-border regulatory environment. On top of that, revised standards can prove incompatible with some existing regulatory frameworks.

 Terry Culver, CEO at Digital Finance Group, commented to Cointelegraph:

“One challenge is that implementation will face significant challenges from other contradictory regulations for AML and data protection. For example, the FinCen Travel Rule sets US regulation apart from other jurisdictions. Another example is that the EU just determined that the bulk transfer of personal data to the US is not allowed under GDPR.”

Nathan Catania, a partner at global digital asset policy and regulatory adviser XReg Consulting, further opined:

“It is clear that there is no unified approach to the AML/CFT regulation of VAs and VASPs, the approaches taken from jurisdiction to jurisdiction can vary drastically. This makes it very difficult for crypto businesses to navigate what I have been calling a global regulatory minefield. VASPs will need to be very careful with the customers that they target, as they may fall in scope of regulatory regimes in other places.”

Illustrating his point, Catania came up with an example of a hypothetical VASP registered in Gibraltar and targeting Australian clients, which would have to comply with AML regulations in both jurisdictions.

Too wide a scope or too narrow?

Dr. Omri Ross, chief blockchain scientist at the digital asset trading platform eToro, took issue with one of the tenets of the FATF’s guidance, which states that virtual assets should be held to the same level of scrutiny as any other asset class. He commented:

“While I sympathize with the reasoning behind these recommendations, my concern is that the application of general standards for supervision and monitoring may quell technological innovation. However, if these technologies were to be nurtured, they could in fact introduce far greater transparency in international monetary flows”

In contrast, Manuel Rensink, Strategy Director at the fintech firm Securrency, highlighted the narrow scope of the FATF’s travel rule. Rensink told Cointelegraph:

“A widening of the Travel Rule should also be extended to: Transactions in asset-backed virtual assets, including digital securities and all stablecoins; P2P transactions as well as automated smart contract transactions depending on attributes such as transaction size and volume; DEXs, smart contract operators, (DeFi) protocol operators should also be considered VASPs.”

The race for travel rule compliance

One thing that all crypto industry insiders seem to agree on is that currently crypto exchanges are largely technically unprepared to comply with the travel rule. Digital Finance Group’s Culver remarked on this matter: “The regulator is ahead of the crypto sector in this area — a nice change of pace.”

At the same time, blockchain technology clearly holds immense promise as a foundation for innovative compliance tools, and groundbreaking work in that department is already underway. Cointelegraph already reported on efforts such as BitGo’s crypto wallet API and the CoolBitX – Elliptic partnership specifically addressing the travel rule challenge.

Omri Ross of eToro commented:

“Early findings in academic studies, law enforcement and commercial research indicate that the level of complexity and sophistication that can be achieved, using blockchain technologies for KYT, is far superior to existing solutions currently used in the financial sector.”

Securrency’s Manuel Rensink spoke to the same effect, adding that artificial intelligence and machine learning reporting tools can be layered on top of blockchain transactions to allow regulators to effectively monitor all transactions within their jurisdictions.

The formidable potential will likely translate to a diverse set of solutions at the end of the day. As CoolBitX’s Elsa Madrolle noted, “it does appear that the market believes there will not be a global ‘one size fits all’ solution that can cater to every jurisdiction’s regulations all at once that work for all VASPs.” In this situation, the question of interoperability comes front and center.

A huge breakthrough on this front came earlier in May, when an industry-wide working group on interVASP Messaging Standards (JWG) unveiled a solution designed to enable diverse service providers’ systems to talk to one another. As more digital asset service providers hop on board of this initiative, seeing the major crypto exchanges comply with the travel rule by June 2021 appears perfectly attainable.

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Key shipping company files for Chapter 11 bankruptcy

The Illinois-based general freight trucking company filed for Chapter 11 bankruptcy to reorganize.

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The U.S. trucking industry has had a difficult beginning of the year for 2024 with several logistics companies filing for bankruptcy to seek either a Chapter 7 liquidation or Chapter 11 reorganization.

The Covid-19 pandemic caused a lot of supply chain issues for logistics companies and also created a shortage of truck drivers as many left the business for other occupations. Shipping companies, in the meantime, have had extreme difficulty recruiting new drivers for thousands of unfilled jobs.

Related: Tesla rival’s filing reveals Chapter 11 bankruptcy is possible

Freight forwarder company Boateng Logistics joined a growing list of shipping companies that permanently shuttered their businesses as the firm on Feb. 22 filed for Chapter 7 bankruptcy with plans to liquidate.

The Carlsbad, Calif., logistics company filed its petition in the U.S. Bankruptcy Court for the Southern District of California listing assets up to $50,000 and and $1 million to $10 million in liabilities. Court papers said it owed millions of dollars in liabilities to trucking, logistics and factoring companies. The company filed bankruptcy before any creditors could take legal action.

Lawsuits force companies to liquidate in bankruptcy

Lawsuits, however, can force companies to file bankruptcy, which was the case for J.J. & Sons Logistics of Clint, Texas, which on Jan. 22 filed for Chapter 7 liquidation in the U.S. Bankruptcy Court for the Western District of Texas. The company filed bankruptcy four days before the scheduled start of a trial for a wrongful death lawsuit filed by the family of a former company truck driver who had died from drowning in 2016.

California-based logistics company Wise Choice Trans Corp. shut down operations and filed for Chapter 7 liquidation on Jan. 4 in the U.S. Bankruptcy Court for the Northern District of California, listing $1 million to $10 million in assets and liabilities.

The Hayward, Calif., third-party logistics company, founded in 2009, provided final mile, less-than-truckload and full truckload services, as well as warehouse and fulfillment services in the San Francisco Bay Area.

The Chapter 7 filing also implemented an automatic stay against all legal proceedings, as the company listed its involvement in four legal actions that were ongoing or concluded. Court papers reportedly did not list amounts for damages.

In some cases, debtors don't have to take a drastic action, such as a liquidation, and can instead file a Chapter 11 reorganization.

Truck shipping products.

Shutterstock

Nationwide Cargo seeks to reorganize its business

Nationwide Cargo Inc., a general freight trucking company that also hauls fresh produce and meat, filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the Northern District of Illinois with plans to reorganize its business.

The East Dundee, Ill., shipping company listed $1 million to $10 million in assets and $10 million to $50 million in liabilities in its petition and said funds will not be available to pay unsecured creditors. The company operates with 183 trucks and 171 drivers, FreightWaves reported.

Nationwide Cargo's three largest secured creditors in the petition were Equify Financial LLC (owed about $3.5 million,) Commercial Credit Group (owed about $1.8 million) and Continental Bank NA (owed about $676,000.)

The shipping company reported gross revenue of about $34 million in 2022 and about $40 million in 2023.  From Jan. 1 until its petition date, the company generated $9.3 million in gross revenue.

Related: Veteran fund manager picks favorite stocks for 2024

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Key shipping company files Chapter 11 bankruptcy

The Illinois-based general freight trucking company filed for Chapter 11 bankruptcy to reorganize.

Published

on

The U.S. trucking industry has had a difficult beginning of the year for 2024 with several logistics companies filing for bankruptcy to seek either a Chapter 7 liquidation or Chapter 11 reorganization.

The Covid-19 pandemic caused a lot of supply chain issues for logistics companies and also created a shortage of truck drivers as many left the business for other occupations. Shipping companies, in the meantime, have had extreme difficulty recruiting new drivers for thousands of unfilled jobs.

Related: Tesla rival’s filing reveals Chapter 11 bankruptcy is possible

Freight forwarder company Boateng Logistics joined a growing list of shipping companies that permanently shuttered their businesses as the firm on Feb. 22 filed for Chapter 7 bankruptcy with plans to liquidate.

The Carlsbad, Calif., logistics company filed its petition in the U.S. Bankruptcy Court for the Southern District of California listing assets up to $50,000 and and $1 million to $10 million in liabilities. Court papers said it owed millions of dollars in liabilities to trucking, logistics and factoring companies. The company filed bankruptcy before any creditors could take legal action.

Lawsuits force companies to liquidate in bankruptcy

Lawsuits, however, can force companies to file bankruptcy, which was the case for J.J. & Sons Logistics of Clint, Texas, which on Jan. 22 filed for Chapter 7 liquidation in the U.S. Bankruptcy Court for the Western District of Texas. The company filed bankruptcy four days before the scheduled start of a trial for a wrongful death lawsuit filed by the family of a former company truck driver who had died from drowning in 2016.

California-based logistics company Wise Choice Trans Corp. shut down operations and filed for Chapter 7 liquidation on Jan. 4 in the U.S. Bankruptcy Court for the Northern District of California, listing $1 million to $10 million in assets and liabilities.

The Hayward, Calif., third-party logistics company, founded in 2009, provided final mile, less-than-truckload and full truckload services, as well as warehouse and fulfillment services in the San Francisco Bay Area.

The Chapter 7 filing also implemented an automatic stay against all legal proceedings, as the company listed its involvement in four legal actions that were ongoing or concluded. Court papers reportedly did not list amounts for damages.

In some cases, debtors don't have to take a drastic action, such as a liquidation, and can instead file a Chapter 11 reorganization.

Truck shipping products.

Shutterstock

Nationwide Cargo seeks to reorganize its business

Nationwide Cargo Inc., a general freight trucking company that also hauls fresh produce and meat, filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the Northern District of Illinois with plans to reorganize its business.

The East Dundee, Ill., shipping company listed $1 million to $10 million in assets and $10 million to $50 million in liabilities in its petition and said funds will not be available to pay unsecured creditors. The company operates with 183 trucks and 171 drivers, FreightWaves reported.

Nationwide Cargo's three largest secured creditors in the petition were Equify Financial LLC (owed about $3.5 million,) Commercial Credit Group (owed about $1.8 million) and Continental Bank NA (owed about $676,000.)

The shipping company reported gross revenue of about $34 million in 2022 and about $40 million in 2023.  From Jan. 1 until its petition date, the company generated $9.3 million in gross revenue.

Related: Veteran fund manager picks favorite stocks for 2024

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Tight inventory and frustrated buyers challenge agents in Virginia

With inventory a little more than half of what it was pre-pandemic, agents are struggling to find homes for clients in Virginia.

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No matter where you are in the state, real estate agents in Virginia are facing low inventory conditions that are creating frustrating scenarios for their buyers.

“I think people are getting used to the interest rates where they are now, but there is just a huge lack of inventory,” said Chelsea Newcomb, a RE/MAX Realty Specialists agent based in Charlottesville. “I have buyers that are looking, but to find a house that you love enough to pay a high price for — and to be at over a 6.5% interest rate — it’s just a little bit harder to find something.”

Newcomb said that interest rates and higher prices, which have risen by more than $100,000 since March 2020, according to data from Altos Research, have caused her clients to be pickier when selecting a home.

“When rates and prices were lower, people were more willing to compromise,” Newcomb said.

Out in Wise, Virginia, near the westernmost tip of the state, RE/MAX Cavaliers agent Brett Tiller and his clients are also struggling to find suitable properties.

“The thing that really stands out, especially compared to two years ago, is the lack of quality listings,” Tiller said. “The slightly more upscale single-family listings for move-up buyers with children looking for their forever home just aren’t coming on the market right now, and demand is still very high.”

Statewide, Virginia had a 90-day average of 8,068 active single-family listings as of March 8, 2024, down from 14,471 single-family listings in early March 2020 at the onset of the COVID-19 pandemic, according to Altos Research. That represents a decrease of 44%.

Virginia-Inventory-Line-Chart-Virginia-90-day-Single-Family

In Newcomb’s base metro area of Charlottesville, there were an average of only 277 active single-family listings during the same recent 90-day period, compared to 892 at the onset of the pandemic. In Wise County, there were only 56 listings.

Due to the demand from move-up buyers in Tiller’s area, the average days on market for homes with a median price of roughly $190,000 was just 17 days as of early March 2024.

“For the right home, which is rare to find right now, we are still seeing multiple offers,” Tiller said. “The demand is the same right now as it was during the heart of the pandemic.”

According to Tiller, the tight inventory has caused homebuyers to spend up to six months searching for their new property, roughly double the time it took prior to the pandemic.

For Matt Salway in the Virginia Beach metro area, the tight inventory conditions are creating a rather hot market.

“Depending on where you are in the area, your listing could have 15 offers in two days,” the agent for Iron Valley Real Estate Hampton Roads | Virginia Beach said. “It has been crazy competition for most of Virginia Beach, and Norfolk is pretty hot too, especially for anything under $400,000.”

According to Altos Research, the Virginia Beach-Norfolk-Newport News housing market had a seven-day average Market Action Index score of 52.44 as of March 14, making it the seventh hottest housing market in the country. Altos considers any Market Action Index score above 30 to be indicative of a seller’s market.

Virginia-Beach-Metro-Area-Market-Action-Index-Line-Chart-Virginia-Beach-Norfolk-Newport-News-VA-NC-90-day-Single-Family

Further up the coastline on the vacation destination of Chincoteague Island, Long & Foster agent Meghan O. Clarkson is also seeing a decent amount of competition despite higher prices and interest rates.

“People are taking their time to actually come see things now instead of buying site unseen, and occasionally we see some seller concessions, but the traffic and the demand is still there; you might just work a little longer with people because we don’t have anything for sale,” Clarkson said.

“I’m busy and constantly have appointments, but the underlying frenzy from the height of the pandemic has gone away, but I think it is because we have just gotten used to it.”

While much of the demand that Clarkson’s market faces is for vacation homes and from retirees looking for a scenic spot to retire, a large portion of the demand in Salway’s market comes from military personnel and civilians working under government contracts.

“We have over a dozen military bases here, plus a bunch of shipyards, so the closer you get to all of those bases, the easier it is to sell a home and the faster the sale happens,” Salway said.

Due to this, Salway said that existing-home inventory typically does not come on the market unless an employment contract ends or the owner is reassigned to a different base, which is currently contributing to the tight inventory situation in his market.

Things are a bit different for Tiller and Newcomb, who are seeing a decent number of buyers from other, more expensive parts of the state.

“One of the crazy things about Louisa and Goochland, which are kind of like suburbs on the western side of Richmond, is that they are growing like crazy,” Newcomb said. “A lot of people are coming in from Northern Virginia because they can work remotely now.”

With a Market Action Index score of 50, it is easy to see why people are leaving the Washington-Arlington-Alexandria market for the Charlottesville market, which has an index score of 41.

In addition, the 90-day average median list price in Charlottesville is $585,000 compared to $729,900 in the D.C. area, which Newcomb said is also luring many Virginia homebuyers to move further south.

Median-Price-D.C.-vs.-Charlottesville-Line-Chart-90-day-Single-Family

“They are very accustomed to higher prices, so they are super impressed with the prices we offer here in the central Virginia area,” Newcomb said.

For local buyers, Newcomb said this means they are frequently being outbid or outpriced.

“A couple who is local to the area and has been here their whole life, they are just now starting to get their mind wrapped around the fact that you can’t get a house for $200,000 anymore,” Newcomb said.

As the year heads closer to spring, triggering the start of the prime homebuying season, agents in Virginia feel optimistic about the market.

“We are seeing seasonal trends like we did up through 2019,” Clarkson said. “The market kind of soft launched around President’s Day and it is still building, but I expect it to pick right back up and be in full swing by Easter like it always used to.”

But while they are confident in demand, questions still remain about whether there will be enough inventory to support even more homebuyers entering the market.

“I have a lot of buyers starting to come off the sidelines, but in my office, I also have a lot of people who are going to list their house in the next two to three weeks now that the weather is starting to break,” Newcomb said. “I think we are going to have a good spring and summer.”

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