Tracking it's going to be forced now to end
its crypto staking program in the U.S and Pay a 30 million dollar fine to settle charges
from the SEC the agency said Kraken had failed To register the program whereby investors earn a
yield in return for locking up their tokens and Allowing them to be used to facilitate track
transactions on the blockchain it's the sec's First Crackdown on staking as you may or may not
know the SEC recently took Massive Action Against U.S cryptocurrency exchange Kraken forcing
them to shut down their U.S crypto staking Service deeming it illegal that's s-t-a-k-e not
s-t-e-a-k and forcing them to pay a 30 million Dollar fine now I am personally I'm not on the
side of big exchanges I'm for the people I'm for The Everyman this is interesting to me however
because Kraken arguably as far as exchanges go Has a history of being relatively ethical or at
the very least Kraken has a history of acting In good faith yeah so we recently completed
a proof of reserves audit it's the second in Our company's history we pioneered this process
about seven years ago when we did the first one In the industry and since then there have been
other companies that have done it but we're by Far the largest venue to have done this in recent
history and what it does is allows the users to to Confirm for themselves through cryptography that
we actually control the coins that that we say We do you know that we hold for them that that
you know they can prove cryptographically that In a quote-unquote like Bank Run type scenario you
know where if everyone came for their withdrawals At the same time that we would be able to serve
those withdrawals so the SEC missed Celsius they Missed three Arrow Capital they missed FTX whom
Gary had regular meetings with up until the end So they missed all of these entities that were
literally doing actual harm to retail investors But they're going after Kraken it seems off Gary
even put out this quaint little video so dumb Retail investors like us can understand remember
if you have a stake that's s-t-e-a-k if you Have a steak meant for two and cut it into three
pieces it's still the same amount of steak that's Why it's so important that these companies and
platforms comply with the Securities Law after all The Securities laws regardless of what you think
of steak or staking they're good for investors So the SEC charges Kraken with failing to register
they failed to register as in if they just would Have registered everything would have been okay so
why didn't they register what if Kraken couldn't Register what if Gary Gensler saying crypto firms
need to come in and register is fake the sec's own Commissioner Hester Pierce essentially confirms
this statement on the Securities and Exchange Commission's own website by commissioner Hester M
Pierce directly after the SEC took action against Kraken she says this today the SEC shuts down
kraken's staking program and counted it as a Win for investors I disagree and therefore
dissent Kraken operated a service through Which its customers could offer their tokens
up for staking the customers earned Returns The company earned a fee the SEC the commission
argues that this staking program should have been
Registered with the SEC as a Securities offering
whether one agrees with this analysis or not it Could be your opinion that they should register it
could be your opinion that they shouldn't register The more fundamental question is whether the SEC
registration would have even been possible could They even have done it she goes on to say in the
current climate crypto related offerings are not Making it through the sec's registration pipeline
she goes on to say that we have known about crypto Staking programs for a long time she should have
been more involved with issuing clear guidance but Instead of taking the path of thinking through
staking programs and issuing guidance we again Chose to speak through an enforcement action using
enforcement actions to tell people what the law is In an emerging industry is not an effective
or Fair Way of regulating moreover staking Services are not uniform so one-off enforcement
actions and cookie cutter analysis does not cut It most concerning though is that our solution
to a registration violation mission is to shut Down entirely a program that has served people
well now the program will no longer be available In the United States and Kraken is enjoined
from ever offering a staking service in the United States registered or not ever again so
think about this folks Gary Gensler and the SEC Could have put out clear guidance on crypto
staking and could have given U.S exchanges a Month or so to update their terms but instead
they use enforcement to cash grab 30 million And shut down Kraken staking this is a clear move
to stifle Innovation and cut off the availability For retail to earn income on their staked crypto
most likely other exchanges will voluntarily shut Down their staking services to avoid fines and
investigations under the SEC to me this raises Two huge questions number one is the SEC trying
to stifle crypto innovation in the United States I think that there is a common view that your
office is using all available means effectively to Keep crypto out of the mainstream Financial system
through enforcement accounting rules inspections Clearly there's not real guidance yet on custody
and this may very well be a reasonable policy Choice if that's the choice the question is if
that's a choice why not just say it publicly We're using all available tools we're talking
directly to Market participants we take the Meetings we say this is how you comply there's a
handful of tokens that have actually registered The intermediaries the storefronts if
you wish the casinos that people are uh Investing in and investing at need to properly
comply and disentangle these bundled products The business model that they've set up as is Rife
with conflicts and so we've been very candid with Them I've done it in multiple speeches since
I came to the agency will continue to engage With technology neutral but if this field has any
chance of survival and success it's time tested Rules and laws to protect the investing public
disclosure full fair and truthful disclosure Address conflicts and disaggregate these
bundled businesses and don't have your hand In the customer's pocket using their funds
or your own um the other huge question that
This raises is is coinbase next after all it was
originally Brian Armstrong the CEO of coinbase Who before Kraken got hit he put out this tweet
we're hearing rumors that the SEC would like to Get rid of crypto staking in the U.S for retail
customers and it was originally the coinbase CEO Responding to the Kraken news on Twitter defending
them saying things like this there was no way for Crypto firms to come in and register it was
fake and today Brian Armstrong tweeted this Coinbase staking services are not Securities we
will happily defend this in court if needed so Gary Gensler just be straight with us is coinbase
next so how does this though differ for example uh From some of the other firms out there
including coinbase who offer yield products Whether you caught the labels don't matter
uh long ago Supreme Court Justice Marshall Said this so eloquently uh it's not about the
labels it's about the underlying economics and uh This really should put everyone on notice in this
Marketplace whether you call it lend whether you Call it earn whether you call it yield whether
you offer what's called an annual percentage Yield apy that's doesn't matter if somebody's
taking their tokens and transferring it to that Platform the platform controls it and guess what
happens if they go bankrupt you stand in line at The bankruptcy court there's a saying in crypto
that says not your keys not your coins so those Other platforms should take note of this and seek
to come into compliance do the proper disclosures And registration and the like now a silver
lining is that if you self-custody and stake Through self-custody like ethereum for example
you're in complete control there's nothing they Can do to you even Gary Gensler himself admitted
this in the video there's an expression in crypto Not your keys not your crypto and actually
self-custody staking Solutions like ethereum And ethereum products actually pumped on the news
of the crack and Crackdown but still it seems that There's something fishy going on at the SEC and
their own commissioner Hester M Pierce even had Some harsh words to say and again she's on team
SEC and she said this I can only imagine what's Really going on make sure you subscribe to our
Channel this is a developing story we're going to Be updating you on this throughout the next couple
of weeks so stay tuned because I honestly coinbase Might be next but it's also possible that the SEC
is next Kraken CEO calls on Congress to protect The U.S crypto industry following settlement with
the SEC overstaking program and Congress is about To launch a probe into the SEC and specifically
their handling of FTX and Sam bankman freed more On this as it develops subscribe to the
channel like the video see you tomorrow
Coinbase is a popular cryptocurrency exchange. It makes it easy to buy, sell, and exchange cryptocurrencies like Bitcoin. Coinbase also has a brokerage service that makes it easy to buy Bitcoin as easily as buying stocks through an online broker. However, Coinbase can be expensive due to the fees it charges and its poor customer service.