Does Grayscale’s Win Against the SEC Mean a Spot Bitcoin ETF Will Be Approved? - Ep. 539
Sep 1, 2023
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Recent ruling in favor of Grayscale against the SEC raises hopes for a spot Bitcoin ETF approval. The podcast explores the implications, potential timelines, and competition among companies. It also discusses the benefits of Bitcoin investments for millennials and the potential approval of multiple Bitcoin ETFs. The podcast briefly touches on legal issues faced by FTX CEO and regulatory developments surrounding Binance.
Grayscale's win against the SEC in converting its bitcoin trust to an ETF has increased the likelihood of a spot bitcoin ETF approval
The approval of a spot Bitcoin ETF would provide a bridge for Baby boomers to invest in crypto
Deep dives
Legal troubles intensify for former FTX CEO Sam Bankman-Fried
The US Department of Justice (DOJ) filed a motion to bar expert witnesses in Sam Bankman-Fried's defense and criticized his advice of counsel defense strategy. Bankman-Fried's legal team appealed for more extensive pretrial release measures and objected to additional discovery evidence introduced by the DOJ. The CEO of Advocacy Firm Blockchain Association warned that the regulations proposed by the US DOJ and IRS to tighten tax reporting requirements for crypto transactions must be tailored to not capture ecosystem participants that don't have a pathway to compliance.
Proposed regulations for tax reporting on cryptocurrency transactions
The US DOJ and IRS released proposed regulations to align tax reporting on digital assets with that of other assets. The regulations would apply to sales of commodities on or after January 1, 2025. However, tax expert Jason Schwart argued that the proposed regulations could turn website developers into brokers if the websites facilitate digital asset sales, while the CEO of Advocacy Firm Blockchain Association cautioned against capturing ecosystem participants without a pathway to compliance.
Securities and Exchange Commission files sealed motion against Binance
The US SEC filed a sealed motion against cryptocurrency exchange Binance, leading to speculation that the exchange may be under criminal investigation by the US Department of Justice. Reports suggest that the sealed documents likely contain secret details about a DOJ probe into Binance. Meanwhile, Binance is considering a full exit from the Russian market after delisting five Russian banks from its peer-to-peer service and following regulatory pressure.
Uniswap wins dismissal of class action lawsuit
Decentralized exchange Uniswap and high-profile investors like Andreessen Horowitz successfully got a class action lawsuit against them dismissed. The lawsuit alleged that Uniswap operated as an unregistered broker and dealer. The judge ruled that federal securities laws should not be stretched to cover conduct that involves scam tokens and suggested that Congress address the issue.
This week’s emphatic ruling in favor of Grayscale in its suit against the SEC to convert its massive bitcoin trust into an ETF generated plenty of hopium among the bitcoin faithful that a spot bitcoin ETF will get approved soon and open a flood of investment in bitcoin. What are the odds of that truly happening now, though, and if it did, how much additional money could wind up being invested in bitcoin as a result? Also, which companies’ applications would get approved first and how would the various products compete with one other? Bloomberg’s senior ETF analyst Eric Balchunas separates the hype from the reality in answering these questions and more.