Energy Theft Results in Crypto Mining Operation Shutdown in Borneo

Genesis Ordered to Comply with Subpoena in Terraform Labs CaseGenesis, the troubled crypto lender and trading company, has been issued a compelling directive by a New York court. The court has mandated Genesis to comply with a subpoena within five days, following a failure to respond to previous requests by the October 9 deadline, relative to a case involving Singapore’s Terraform Labs.Photo by Michael Discenza on UnsplashTerraUSD collapse falloutThese requests are related to the 2022 collapse of the TerraUSD stablecoin, a cryptocurrency which was supposed to maintain a peg to the US dollar’s value until it lost that peg and collapsed. At the time, the demise of TerraUSD reverberated throughout the cryptocurrency markets.In response to this collapse, the US Securities and Exchange Commission (SEC) initiated a legal action against Terraform Labs, the company responsible for the token, and its co-founder Do Kwon, alleging that investors had been misled. Both Do Kwon and Terraform subsequently tried unsuccessfully to have the case dismissed.As part of the progression of this case, the SEC sought to question Do Kwon and gain access to company records held by the Singapore-headquartered firm. The defendants were ultimately unsuccessful in arguing their case in that instance on jurisdictional grounds.Failure to respondJudge Jed Rakoff, in a court order filed on Friday, highlighted Genesis’s non-compliance with the subpoenas, stating:“As of today, the Genesis Entities have failed to produce any documents in response to the Subpoenas.”These subpoenas were issued by the defendants to seek specific information from Genesis Global Capital, Genesis Global Holdco, and Genesis Global Trading on September 12.The court order does not specify the nature of the information sought. It is worth noting that Genesis extended substantial loans to the now-defunct hedge fund Three Arrows Capital (3AC), which was heavily exposed to the TerraUSD stablecoin. In January 2023, three Genesis entities filed for bankruptcy, and its trading arm ceased its US spot market operations in September.In addition to the challenge posed by Genesis’ non-compliance, Judge Rakoff is also wrestling with obtaining information from Do Kwon in connection with the legal proceedings. Kwon’s legal representatives have argued that he cannot physically come to the US as he is serving a jail sentence in Montenegro for possession of a counterfeit passport.However, Judge Rakoff has expressed his determination to ensure Kwon’s availability for cross-questioning and stated that Kwon will not be allowed to provide any declarations in the case without being subject to cross-examination.Citadel under scrutinyIn a related development, it emerged last week that Terraform Labs is accusing American market maker Citadel Securities of having sabotaged its TerraUSD stablecoin. As part of the Singaporean company’s pursuit of justice, it has called upon the United States District Court in the Southern District of Florida to force Citadel to furnish specific documents that relate to their trading activities during the period within which TerraUSD collapsed.Should it fail in that endeavor, Terraform has said that it will look to have the matter heard in Judge Rakoff’s court in New York.This legal development concerning Genesis marks a crucial juncture in the ongoing investigation into the TerraUSD stablecoin’s collapse and the actions of the entities involved, with Genesis now facing increased pressure to cooperate fully with the legal process.

Japan’s Financial Services Agency (FSA) has moved recently to address concerns related to peer-to-peer (P2P) transactions while in a separate development, the country’s GameFi community is calling for regulatory change to enable greater liquidity. The two distinct developments both relate to getting the balance right in terms of crypto regulation from the perspectives of regulators and lawmakers and crypto sector entrepreneurs and participants.Photo by Manuel Cosentino on UnsplashAddressing concernsIt emerged last week that the FSA had proposed a number of measures to safeguard users against “unlawful transactions,” causing alarm that any such moves would inhibit the P2P transactions market. Responding to a query from Cointelegraph, the FSA elaborated that its recommendation does not encompass "transactions from one individual to another." Instead, it aims to bolster measures against illicit money transfers, particularly instances where an individual deposits cash from their bank account into an account belonging to a crypto asset exchange service provider. The regulator clarified that under the new recommendations, banks would intercept suspicious transactions where the sender seeks to alter their name for the purpose of depositing funds into the crypto platform. The FSA outlined that this situation arises where a fraudster convinces an innocent exchange user to effect the name change, so that exchange rules can be circumvented and the fraudster can receive funds from the scam victim. According to the FSA, numerous financial institutions have already implemented these measures, although the agency has not received any reports of specific cases raising concerns regarding crypto asset markets. Notably, the FSA emphasizes that its recommendations are not universally mandated for all financial institutions, with banks expected to devise and implement measures tailored to their specific circumstances. Solving crypto market liquidity issuesWith that clarification, it appears that the measures won’t have the negative impact on P2P crypto markets as many market participants originally feared. Meanwhile, in a distinct development, Japan's blockchain gaming community has approached the Liberal Democratic Party (LDP) to seek assistance in bolstering liquidity within Japan's crypto asset market. Taking to the X social media platform on Wednesday, Ryo Matsubara, director of Oasys, a GameFi blockchain, outlined that he had visited the LDP's digital society promotion headquarters on behalf of Japanese blockchain gaming projects to raise concerns about stringent regulations impeding liquidity in Japan, which directly impedes the growth of the GameFi ecosystem. Matsubara advocates for regulations that incentivize safe cryptocurrency investment, positing that increased liquidity, marked by a surge in buyers and sellers, could result from such measures. Oasys intends to continue collaborating with the government to enhance Japan's global competitiveness in the Web3 market, with Matsubara expressing confidence in Japan's potential to reclaim its illustrious gaming legacy on Web3. While Japan initially harbored skepticism toward crypto adoption, its stance has softened in recent times. Matsubara acknowledged the positive impact of a recent crypto-related tax reform which was enacted in December. In September 2023, the Japanese government commenced planning to permit startups to raise public funds through crypto asset issuance. That bill was approved last week and now goes forward to the Japanese parliament for further deliberation. These recent developments demonstrate that Japan is navigating regulatory complexities as it seeks to balance innovation with consumer protection in the burgeoning crypto space.

MAS and NY Fed Publish Report on CBDC Cross-Border PaymentsNew York’s Federal Reserve Bank and the Monetary Authority of Singapore (MAS) have collaborated on an endeavor titled “Project Cedar Phase II x Ubin+,” examining the use of a central bank digital currency (CBDC) for wholesale cross-border payments using one or more vehicle currencies.The joint effort has culminated in the publication of a report detailing their findings and results. Commenting on the initiative, MAS Managing Director Leong Sing Chiong stated:“The Cedar x Ubin+ experiment envisages a future digital currency landscape where central banks can enable interoperability of wholesale CBDCs to facilitate more efficient cross-border payment flows including for less liquid currencies, without requiring a common infrastructure.”Photo by NASA on UnsplashExploiting positive DLT characteristicsSpecifically, the New York Innovation Center (NYIC) of the NY Fed was the entity that contributed directly towards the research project. The work built on previous phases of Project Cedar. The objective was to explore perceived advantages of digital ledger technology (DLT) such as reduced settlement risk and reduced settlement time, in the context of cross-border payments.The conventional system primarily uses the SWIFT financial messaging network. The approach is highly inefficient. It’s time-consuming and needlessly ties capital up in vostro and nostro accounts (accounts held for another entity from an account another entity holds). Tying up capital proves to be a liquidity headache for corporations and any business entity that gets involved with international trade settlement.Smart contracts and off-chain messagingAgainst that backdrop, the project team was focusing on harnessing the ability to effect atomic or real-time settlement using DLT. Having commenced the work in November, the project team decided to rely on hashed timelock smart contracts in order to bridge distinct ledgers, so as to effect cross-currency and cross-border transactions.According to the report, the proposed system also relied on off-chain messaging functionality. Cross-border trade settlement often involves a number of stakeholders. Off-chain messaging can be beneficial in disseminating information relative to the process to all stakeholders.The researchers found that each simulated payment scenario achieved end-to-end settlement in under thirty seconds on average, realizing the goal of near real-time settlement. In turn, that speed of settlement meant that stakeholders could be notified of payment finality within a matter of seconds. Certainty of settlement, and thus reduction in counterparty risk was achieved by simulating atomic settlement, such that transactions only settled if all legs in the cross-currency payment chain executed successfully.From the point of view of interoperability and autonomy, the experiment demonstrated the ability to safely execute across multiple ledgers without the need to involve a centralized clearing authority or the establishment of a shared central network.The Bank of International Settlement (BIS) recently highlighted the finding that on a daily basis, $2.2 trillion of foreign exchange transactions don’t use a payment versus payment (PvP) settlement mechanism. PvP is a less risky form of settlement where two currency legs are exchanged simultaneously. Singapore is more exposed than most in this regard. Therefore, the use of DLT to counteract that risk in line with the experiment’s findings would be a progressive step.