Category Archives: CFTC

CFTC Cryptocurrency Enforcement Receives Further Judicial Support

By William Kane and Pavel Sternberg on October 10, 2018 Posted in CFTC, Cryptocurrency

The Commodity Futures Trading Commission (“CFTC”) obtained an important court win and boost to its regulatory authority over Cryptocurrencies this month. A federal district court in Massachusetts recently issued a decision in CFTC v. My Big Coin Pay Inc. which affirmed the CFTC’s position that all virtual currencies are commodities and subject to CFTC jurisdiction.[1] … Continue Reading

Court Rules Cryptocurrencies Can Be Regulated By The CFTC As Commodities

By James Gatto and Andrea Cataneo on August 24, 2018 Posted in CFTC, Cryptocurrency

The regulatory landscape surrounding cryptocurrency continues to evolve. Most of the activity to date has involved regulatory enforcement actions brought by the Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC”) and focused primarily on exposing fraud rather than providing guidance. Some people have questioned whether the CFTC has jurisdiction in this space. … Continue Reading

How Crypto Token Function and Transferability Could Impact Classification as a Security

By James Gatto on May 17, 2018 Posted in CFTC, CryptoAssets, Initial Coin Offerings, SEC, Virtual Currency

Much uncertainty exists throughout the world on the legality and legal classification of crypto tokens. In the United States, Ripple was sued recently for allegedly selling unregistered tokens (XRP) in a violation of U.S. securities laws. The US SEC and CFTC have held hearings and are assessing whether to classify certain tokens as securities and/or … Continue Reading

CFTC Issues Primer on Virtual Currency, Virtual Tokens and ICOs

By James Gatto on October 30, 2017 Posted in CFTC, Initial Coin Offerings, Virtual Currency

The Commodity Futures Trading Commission’s LabCFTC recently released, “A CFTC Primer on Virtual Currencies.” This primer provides an overview of virtual currencies and their potential use-cases, helps outline the CFTC’s role and oversight of virtual currencies, and cautions investors and users of the potential risks involved with virtual currencies.… Continue Reading