A significant concern in the cryptocurrency industry revolves around defining the legal status of cryptocurrencies. Clarity on this matter is unlikely under Gary Gensler’s leadership at the SEC. Gensler has consistently indicated that, according to securities laws, almost all cryptocurrencies, excluding Bitcoin, fall within the SEC’s purview.
According to the SEC, this implies that cryptocurrency businesses should register their services with the commission. However, industry representatives disagree and have openly
ridiculed the regulator’s requirements.
Anticipate heightened scrutiny on cybersecurity. The regulator is likely to focus on the use of third-party providers, with AML providers potentially coming under particular scrutiny.
Selecting the right partner is crucial for businesses. Merely having an AML intermediary may not be enough. It’s essential to thoroughly assess a company’s experience, portfolio, notable cases, and media coverage. Understanding that regulatory bodies will diligently try to identify weaknesses in a business’s infrastructure is crucial. If a data provider or AML partner has a tarnished reputation or has provided inaccurate data in the past, there is a significant risk of facing scrutiny and potential claims from the SEC.