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Banking Difficulties Remain in Hong Kong for Crypto Start-Ups

Policy & Regulation·May 17, 2023, 11:53 PM

While Hong Kong has demonstrated a very clear crypto-friendly stance over the course of the past six months, crypto start-ups are still struggling with banking in the Chinese autonomous territory.

Photo by Manson Yim on Unsplash

 

Licensing backlog

All the signs are that Hong Kong is striving to develop itself as a regional hub for crypto and blockchain related business. Encouraged by that stance, against a background of the United States becoming openly hostile to crypto over that very same time frame, applications are streaming in from international firms to be licensed to operate their businesses in the city.

In discussion with crypto start-up applicants, CoinDesk has established that the issue extends to firms that have already obtained a license to operate. To compound matters, the Hong Kong regulator, the Securities and Futures Commission (SFC), has a shortage of manpower, with just eight officials currently working on the applications of eighty crypto firms.

Speaking to that backlog, Amy Yu, APAC CEO for Swiss crypto financial services company, SEBA Bank, stated: “This probably would have been a different story six or nine months ago.”

 

A known problem

It appears that both the SFC and its regulatory peer, the Hong Kong Monetary Authority (HKMA) were aware of the issue and tried to get out ahead of it. Late last month, both regulators convened a meeting with bank officials and virtual asset service providers (VASPs).

The objective was to try to forge a path forward such that banks could amend their approach, enabling greater facilitation and acceptance of crypto businesses such that the banks would be more inclined to approve bank account applications from those fledgling businesses.

Arthur Yuen, Deputy CEO of the HKMA addressed the matter in a blog post published to the regulator’s website on April 27. Yuen was clear in calling on the banks to enable banking for VASPs:

“With the implementation of the regulatory regime for VA [virtual assets] activities in Hong Kong and the strengthening of supervisory regimes in different jurisdictions according to the international standards, and as the banking industry develops a better understanding of the VA industry over time, we expect that regulated virtual asset service providers (VASPs) will be able to successfully apply for a bank account through a reasonable process.”

 

Banker resistance

Elaborating on the matter further, it’s clear that Yuen and his colleagues understand the importance of banking in enabling this nascent business sector such that the broader strategy of a pro-crypto business environment is affected in Hong Kong. “To attract businesses from new markets, it is crucial to have high quality financial services, while enhancing corporate access to bank accounts would be one of the key priorities,”he stated.

An attendee at that regulator-organized round-table last month said that “It was more like a wish list from the regulator,” and that “whether the banks fully embrace it is another matter.” The issue remains as a major impediment to the ability of crypto start-up companies to operate, Some are being forced to try and work around the stumbling block, relying instead on overseas banking partners.

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Legal Process Continues Following Crypto.com Transfer MishapJatinder Singh, a customer of Singapore-headquartered Crypto.com is expected to face a plea trial next month in the wake of an errant transfer that occurred on the platform over two years ago.In 2021, Crypto.com inadvertently transferred over $10 million into Thevamanogari Manivel’s Commonwealth Bank account in Australia. Remarkably, this substantial error went unnoticed by Crypto.com for seven months until it was uncovered during an audit.Photo by Tingey Injury Law Firm on Unsplash18-month sentenceManivel, a 41-year-old disability support worker, was arrested at Melbourne airport while attempting to board a plane to Malaysia in March 2022. She was holding a one-way ticket and nearly $11,000 in cash. Her recent sentencing, following her guilty plea for recklessly dealing with the proceeds of the crime, has garnered significant attention.The court imposed an 18-month community corrections order, including six months of intensive compliance and unpaid community work. This punishment was in addition to the 209 days Manivel had already spent in custody.Embarrassing errorCrypto.com’s multimillion-dollar mistake made headlines globally when it came to light during legal proceedings aimed at freezing Manivel’s assets. This incident occurred during a period of heightened uncertainty in the cryptocurrency market, mere months before the highly publicized collapse of rival FTX.In 2018, Manivel met Jatinder Singh, who became her partner and shared her interest in cryptocurrency investments. Singh attempted to make a payment using Manivel’s bank account on Crypto.com but encountered a rejection due to a name mismatch. A processing error, however, led to a massive transfer of $10.47 million into Manivel’s account.Realizing the overpayment, Singh advised Manivel to move the funds to a joint Westpac account. Between the transfer and Manivel’s arrest, the money was used to purchase four houses, vehicles, art, and furniture, and $4 million was sent to an overseas account.Crypto.com discovered the error during an audit in December 2021 and initiated efforts to reclaim the funds from Commonwealth Bank. In January 2022, the bank contacted Manivel multiple times, seeking the return of the money. Manivel, initially regarding these communications as scam attempts, remained unaware of the gravity of the situation. She later informed the police that Singh had claimed to win the money in a Crypto.com competition.Theft chargesWith Manivel having been dealt with by the courts, attention now turns to Singh, who faces charges of theft and is scheduled for a plea hearing on October 23.In response to this incident, Crypto.com highlighted its commitment to enhancing internal processes to ensure security and compliance in financial services. This includes updates to their refund and withdrawal systems to prevent such occurrences in the future.The wayward transfer may have left Crypto.com with egg on its face, but the firm has been redeeming itself via other endeavors, including the roll-out of the use of AI on its platform. On the regulatory front, the company has been working diligently towards compliance in the Spanish market, having already acquired trading licenses in Dubai and its home market of Singapore.This case serves as a cautionary tale of the unexpected consequences that can arise in crypto. Such elementary mistakes will not provide confidence to service users. The saga lays down a marker for a need for greater professionalism in the sector.

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Policy & Regulation·

Oct 20, 2023

US Treasury Sanctions Gaza-Based Crypto Operator

US Treasury Sanctions Gaza-Based Crypto OperatorThe Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury has imposed sanctions on a crypto operator allegedly linked to the Palestinian militant group Hamas.The move by OFAC comes as a result of greater scrutiny of terrorist financing following an attack by Hamas on Israel in early October, in which a number of Israelis lost their lives.Photo by Karolina Grabowska on Pexels“Buy Cash Money and Money Transfer Company”The entity targeted by these sanctions is a Gaza-based virtual currency exchange known as the “Buy Cash Money and Money Transfer Company.” It is operated by Khan Yunis, a resident of Gaza. According to the Treasury Department, both the exchange and Khan Yunis are alleged to have ties to Hamas. Ahmed M.M. Alaqad, the owner of the business, has also been named in the sanctions.The primary objective of these sanctions, as stated by the Treasury Department, is to disrupt the sources of revenue for Hamas. The attack on Israel served as a trigger for these actions. Treasury Secretary Janet Yellen emphasized the determination to prevent Hamas from raising funds for further acts of terror and violence against the people of Israel.This includes imposing sanctions and cooperating with international allies and partners to identify, freeze, and seize any assets related to Hamas in their respective jurisdictions. Yellen stated:“The United States is taking swift and decisive action to target Hamas’s financiers and facilitators following its brutal and unconscionable massacre of Israeli civilians, including children.”Crypto sector riskIt’s not the first time that crypto platforms have been implicated where terrorist financing is concerned. Earlier this year it emerged that Bitfinex Turkiye, the Turkish local exchange business of global crypto platform Bitfinex, was alleged to have been used for the purposes of money laundering by Hamas. Additionally, leading crypto platform Binance has found itself facing similar allegations.In the immediate aftermath of the recent attack, Israeli authorities moved to close down accounts they claimed were linked with Hamas on crypto platforms like Binance and elsewhere. The Israelis have continued where they left off in this respect, with a report emerging earlier this week that over one hundred accounts on Binance have been ordered to be shut down, with a further two hundred accounts facing scrutiny.While crypto may not account for a sizable proportion of terrorist financing means, these events open up a point of attack for those who oppose the further roll-out of decentralized money and systems.Fighting illicit finance through sanctionsNotably, the US Treasury has been employing sanctions as a tool to cut off financial support to entities suspected of being involved in terrorism or other illicit activities. In a similar vein, earlier in October, the Treasury announced sanctions against crypto wallets associated with Chinese chemical manufacturers, concurrently with an indictment from the Department of Justice related to the production of the drug fentanyl.Earlier this year, blockchain analytics firm Elliptic indicated that most Chinese suppliers of fentanyl precursors were accepting payments for the illicit material in cryptocurrency.It’s worth mentioning that this move by OFAC not only targets Hamas but also includes other entities allegedly connected to the Buy Cash Money and Money Transfer Company, including an al-Qaeda affiliate and the Islamic State of Iraq and Syria (ISIS).

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Policy & Regulation·

Jul 16, 2024

Hackers utilize social engineering, move funds through Cambodian platform

A couple of recent reports have revealed how North Korean hackers have been moving funds to a Cambodian crypto payments platform while further insight has come to light with regard to how these hackers are compromising crypto companies. Huoine PayOn July 15, Reuters reported that Cambodian currency exchange and payments firm Huione Pay had received in excess of $150,000 in digital currency from a wallet associated with notorious North Korean hacking group Lazarus. Analysis of blockchain data demonstrated that the funds had been received by the Phnom Penh-headquartered payments firm in June 2023 and February 2024. Photo by allPhoto Bangkok on Unsplash‘Pig butchering’It’s understood that Lazarus stole those digital assets from three crypto firms during the months of June and July of 2023. While Huione has suggested that it was oblivious to the origin of the funds, a blog article by blockchain analytics company Elliptic, published to its website on July 10, suggested that “Huione Guarantee is an online marketplace that has become widely used by scam operators in South East Asia.”  Elliptic went on to assert that some of these scammers employ “pig butchering” techniques, where fraudsters manipulate the victim into investing into fraudulent crypto schemes. It added that “merchants on the platform offer technology, data and money laundering services, and have engaged in transactions totaling at least $11 billion.” The National Bank of Cambodia explained to Reuters that the company is not permitted to trade crypto and that it "would not hesitate to impose any corrective measures" against Huione. The platform is believed to have strong ties to Cambodia’s ruling family. One of the firm’s three directors is understood to be a cousin of the Cambodian Prime Minister, Hun Manet. The Lazarus hacking group is believed to have masterminded a $305 million hack of Japanese cryptocurrency DMM Bitcoin in May of this year. Pseudonymous on-chain investigator ZachXBT claimed on X that $35 million of the proceeds had been laundered through the Huione platform. Compromising crypto businessesIn a related development, a report by DL News published on July 15 has found that North Korean hackers are employing a new tactic in order to compromise crypto businesses. The hackers are scanning the internet for job postings advertised by the companies they’re targeting and submitting bogus applications. A report by the United Nations Security Council has revealed that in excess of 4,000 North Koreans have taken up employment with international technology firms. Part of the social engineering-based tactics employed by the hackers includes contriving to get employees within targeted companies to install malware.  Oftentimes, the resumes and LinkedIn profiles of real people are used in order to find a way in via the recruitment process. A report by DeFiLlama suggests that $664 million has been lost via instances of crypto hacking within the first half of 2024. 

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