Taiwan proposes criminalization of crypto firms violating AML rules

Indian Supreme Court Scolds Government over Crypto Regulation DelayThe Indian Supreme Court did not mince words recently as it criticized the Union government for its failure to establish clear cryptocurrency regulations in the country.Photo by Studio Art Smile on PexelsLack of crypto clarityThat’s according to a report published by local media outlet, the Hindustan Times, on Friday. It’s understood that the Supreme Court is frustrated with regard to the lack of guidelines surrounding cryptocurrencies. That frustration has arisen as crypto is increasingly coming to the attention of the courts due to it being associated with a rising number of criminal activities.The court directed the government to provide information about any plans to set up a dedicated federal agency to investigate crypto-related crimes. During the proceedings, Justices Surya Kant and Dipankar Datta expressed their disappointment, pointing out the absence of any concrete laws pertaining to cryptocurrencies.Crypto bill failingsThe context for the court’s remarks was the ongoing hearing of petitions related to cryptocurrency fraud cases across different states in India. In light of the gravity of these cases, the court demanded a response from the government regarding its capability to establish an effective mechanism to investigate crypto-related crimes.The struggle for clear and comprehensive crypto regulations in India has been long-standing. As far back as 2018, the government was instructed by the Supreme Court to draft a crypto bill, but progress has been slow. The government has continually promised to provide legislative clarity over the past few years. Despite this, the final draft of the crypto bill has not been produced.Crypto taxesGovernments may drag their feet when it comes to regulatory clarity relative to unfolding innovations but they’re far more responsive when it comes to taxes. The Indian government acted swiftly to impose crypto taxation laws, which took effect in April 2022.During that bull market period, India emerged as one of the leading crypto markets, witnessing the rise of several crypto unicorns and significant trading volumes amounting to billions of dollars. However, the introduction of tax laws had an adverse impact on the thriving crypto industry. Added to that, the lack of regulatory clarity caused many established firms to relocate from India, seeking more favorable environments for their operations.Market potentialDespite the government’s lethargic legislative response and heavy-handed tax policy, there are still reasons for optimism with regard to the development of crypto in India. India’s fintech sector is the third largest in the world, driven more recently by rapid digital adoption, together with efforts to bring about financial inclusion.Last month, Xapo Bank, a Gibraltar-based crypto bank, was sufficiently encouraged by the potential offered in India to enter the Indian market. Earlier this week, the world’s largest asset manager, BlackRock, announced that it was partnering with Jio Financial and re-entering the Indian market after a six-year hiatus.The move could have implications for crypto in India given that BlackRock has changed its tack on crypto, having recently filed an application to launch a bitcoin exchange-traded fund (ETF) in the United States.Notwithstanding these developments, concrete regulatory guidelines will not only protect against criminal activities but also foster a conducive environment for legitimate innovation and growth in the cryptocurrency space.

Terraform Labs Co-Founder Daniel Shin Denies Wrongdoing in LUNA CollapseShin Hyun-seong, popularly known as Daniel Shin, has refuted accusations against him related to the $40 billion collapse of the stablecoin TerraUSD and its companion token, LUNA, according to a report by local news outlet Newspim. He presented this defense during his initial trial at the Seoul Southern District Court on October 30 (local time).Shin co-founded Terraform Labs, the company responsible for issuing TerraUSD and LUNA. His co-founder, Do Kwon, is currently serving a four-month prison sentence in Montenegro for passport forgery.Photo by Tingey Injury Law Firm on UnsplashProsecution’s allegationsKorean prosecutors allege that since 2018, Shin and his colleagues have concealed the fabricated nature of the “Terra project.” By manipulating trades and releasing misleading information, they purportedly misled investors into thinking the project was successful. It’s believed they sold off their tokens before the LUNA crash in May 2022, earning KRW 462.9 billion ($343.3 million) from these activities. They are suspected of personally taking KRW 376.9 billion from this amount.Prosecutors are focusing on Shin as the potential orchestrator of the LUNA crash. They speculate he began selling LUNA tokens around when Terraform Labs launched the Anchor Protocol in March 2021. This DeFi protocol increased the popularity and value of LUNA tokens. Before the crash, Shin is alleged to have gained at least KRW 154.1 billion.Defense argumentHowever, Shin’s legal team countered by asserting that Shin had cut ties with Kwon in 2020. They argued the decline of TerraUSD and LUNA was due to Kwon’s mishandling of the Anchor Protocol and an external attack, neither associated with Shin. Regarding the exploit, Terraform Labs has pursued legal action in the United States Southern District of Florida, claiming that American market maker Citadel Securities played a part in undermining TerraUSD in May 2022.Defending Shin, his lawyers emphasized that at the inception of the Terra project, there were no legal guidelines specifically for cryptocurrency transactions. Additionally, unlike Do Kwon who kept fleeing abroad, Shin willingly came back to Korea and has been cooperating with the investigation. They also noted he received only 32% of the 70 million LUNA tokens initially promised. Regarding classification, they stated LUNA isn’t legally recognized as a security.Shin’s lawyers further argued the prosecution hasn’t clearly identified victims or adequately outlined the components of fraud in this case. They said the prosecution’s case hinges on viewing LUNA as a security. However, Shin’s legal representatives maintained that under the Korean Capital Markets Act, LUNA isn’t a security, making its trades non-fraudulent.To counter a US court ruling the prosecution presented — that a token is a security — Shin’s defense highlighted that the verdict is from a lower court and remains contested. Earlier, prosecutors had cited a ruling from the United States Southern District Court of New York, which classified the XRP tokens sold to institutional investors as securities.

Circle President Heath Tarbert, who oversees the issuer of the USDC stablecoin, arrived in Seoul on Aug. 21 for a series of meetings with South Korean cryptocurrency and blockchain industry leaders, as well as the governor of the country’s central bank. Citing industry sources, local outlet Newsis reported Tarbert visited three major exchanges, Upbit, Bithumb and Coinone, shortly after landing, spending roughly an hour at each. Discussions centered on recent developments in Korea’s digital asset ecosystem.Photo by Daniel Bernard on UnsplashGathering insight from exchangesThe trip underscores Circle’s growing interest in South Korea, one of the world’s largest crypto markets by trading volume despite its heavy tilt toward retail investors. Circle is reportedly seeking on-the-ground insight from local trading platforms. An executive from a research firm said the market offers an attractive foothold for global players looking to deepen networks. Previous reports indicated Circle has also begun informally recruiting in South Korea to support initiatives tailored to the local market, and the company is also weighing a direct investment in a domestic crypto firm. Homing in on stablecoinsStablecoins are expected to dominate the agenda with exchanges. USDC is the world’s second-largest stablecoin by market share, behind Tether’s USDT, and all three exchanges already support USDC trading. Upbit and Bithumb have meanwhile indicated their plans to develop Korean won–pegged tokens, recently filing trademark applications for their projects. Given Circle’s position in the sector, one exchange official said local platforms may look to the U.S.-based company as a benchmark, adding that practical knowledge-sharing could be the most meaningful outcome of Tarbert’s visit. Tarbert also attended a dinner with Simon Seojoon Kim, CEO of crypto venture firm Hashed, whose teams span Seoul, Singapore, Bengaluru, Silicon Valley and Abu Dhabi. Circle and Hashed have been in frequent contact, and the gathering offered another forum to exchange views on recent market developments. Talks with the central bank governorOn the policy front, Tarbert met with Bank of Korea (BOK) Governor Rhee Chang-yong at Circle’s request before the dinner. Rhee has signaled openness to the introduction of won-backed stablecoins, while emphasizing prudential safeguards and noting differences with some lawmakers on potential issuers. The BOK head has previously warned that allowing non-bank entities to issue won-backed stablecoins could pose risks, such as circumventing capital rules. The South Korean central bank is working with other agencies to develop a framework that ensures the stability and utility of stablecoins while preventing their use to bypass foreign exchange controls. The meeting between Tarbert and Governor Rhee likely covered regulatory parameters for cross-border remittances using stablecoins and avenues for public-private collaboration to foster a compliant won-stablecoin market. On the following day, Tarbert is slated to meet executives from four major financial groups: Shinhan Financial Group, Hana Financial Group, KB Financial Group and Woori Bank. Kakao Group, the company behind the KakaoTalk messaging app, is also on the itinerary. Representatives from its mobile payment platform, KakaoPay, are expected to take part in the discussions. The talks come as Kakao recently formed a task force to navigate Korea’s evolving stablecoin rules. Separately, Circle listed on the New York Stock Exchange (NYSE) earlier this year under the ticker “CRCL.” The initial public offering (IPO) priced at $31 a share and opened at $69, raising nearly $1.1 billion. As of Aug. 21, the stock closed at $131.80.