Thai regulator takes action against deceptive crypto ads

South Korea’s Financial Supervisory Service (FSS) has initiated on-site consultation services for virtual asset businesses to help them comply with the upcoming Virtual Asset User Protection Act (Virtual Asset Act), which is set to be effective in July. This news was reported yesterday by local media outlet News1. Photo by Hunters Race on UnsplashSupporting VASPs in preparation for the Virtual Asset ActThe consultation services offered by the FSS are fundamentally different from the on-site inspections that have been conducted by the Financial Intelligence Unit (FIU).  Until now, the FIU has been conducting on-site inspections to ensure virtual asset service providers (VASPs) have adequate anti-money laundering (AML) systems in place and comply with the Act on Reporting and Using Specified Financial Transaction Information (the Financial Transaction Information Act). While the FIU has been tasked with conducting inspections, the FSS’s latest on-site consultation services are dedicated to supporting businesses in developing new monitoring systems, which would enable them to prevent unfair transactions ahead of the implementation of the Virtual Asset Act. The FSS has already begun providing consultation services, with the local crypto exchange Upbit being its first client last week. An insider of FSS stated that the schedule for the on-site consultation will be arranged in advance for those seeking the service.  Demand for new FDSDuring a roundtable meeting with VASP CEOs held on Feb. 7, Lee Hyun-deok, the director of the Virtual Asset Regulatory Bureau under the FSS, emphasized the importance of coming up with a new fraud detection system (FDS) specifically designed to block unfair transactions. Most of the current FDSs within local crypto exchanges are focused on AML.  Unlike the Financial Transaction Information Act which mainly focuses on AML, the Virtual Asset Act focuses on punishing unfair trading practices that exploit abnormal price fluctuation or undisclosed information. The FSS recommends that VASPs implement a new system preventing such practices by April, as the Virtual Asset Act’s enactment is just around the corner.  An FSS insider said there is a high chance that VASPs will get the consultation service multiple times on various themes since a lot has to be done before the Act takes effect in July, adding that this consultation is to encourage VASPs to comply with the law rather than to conduct inspections on them. 

It's been nearly ten years since the infamous collapse of the Japanese bitcoin exchange Mt. Gox, with some creditors of the defunct business now claiming to have finally received their long-awaited repayments.Photo by Su San Lee on UnsplashSubreddit payment confirmationsTestimonies shared on the Mt.Gox creditor subreddit and a dedicated Telegram channel reveal that certain payments, in the form of Japanese yen, have been distributed to creditors who opted for PayPal as their preferred mode of receipt. Excitement marked the early stages of this repayment process. Users on Reddit joyfully shared their experiences, with one exclaiming:"I got money!! I just got my initial payment via Paypal!!"This development comes after Mt.Gox rehabilitation trustee, Nobuaki Kobayashi, had previously extended the repayment deadline from Oct. 31, 2023, to Oct. 31, 2024. However, last month, Kobayashi informed creditors that certain cash repayments would be initiated before the year's end. Despite efforts to expedite the process, the sheer volume of creditors and the complexities involved mean that repayments will continue into 2024. The collapse of Mt.Gox in early 2014 triggered global regulatory responses and initiated a nearly decade-long bankruptcy and corporate rehabilitation process. The exchange fell victim to a series of hacks between 2011 and 2014, leaving a lasting impact on the cryptocurrency landscape. The commencement of repayments has been hanging over the crypto market for many years, with many fearing that the process may have a dampening effect on the bitcoin unit price, given that funds are being distributed in Japanese yen and bitcoin. Earlier this year, the U.S. government indicted two Russian nationals for laundering funds stolen from Mt.Gox, shedding light on the enduring legal ramifications stemming from the exchange's demise. Double payment glitchHowever, it appears the process encountered some glitches, as other Reddit posts indicated that a few creditors received double payments via PayPal, adding a new layer of complexity to the already intricate Mt. Gox saga. Reddit users, such as u/rlycreativename, have shared emails they claim to have received from the Mt.Gox Rehabilitation Trustee. The emails acknowledge a system issue leading to inadvertent double transfers and legally obligate recipients to return the surplus amount. While some users have complied with the request and returned the duplicated funds, others have expressed hesitancy, citing the historical challenges creditors faced in obtaining their money. The situation has evoked discussions on Reddit, with users debating whether the Trust deserves a swift return, considering the prolonged struggle creditors endured to reclaim their funds. While it may be tempting for some creditors to hold on to the duplicate payment, such a decision may only serve to heap more misery on long-suffering Mt.Gox creditors. The recent case of Jatinder Singh and Thevamanogari Manivel would be very relevant for creditors to consider. Singh was a customer of well-known digital assets platform Crypto.com. In 2021 the firm inadvertently transferred $10 million to his account. Singh conspired with Manivel to withdraw and keep the funds. A community corrections order of 18 months has been imposed on Manivel in Australia while Singh will be sentenced in February.  

Korea’s Most Populated Province to Conduct Survey on Unfair Crypto TradingGyeonggi-do, the most populated South Korean province that encircles the nation’s capital of Seoul, announced today a plan to conduct a survey among its residents later this year to assess their experiences with unfair cryptocurrency trading practices.Photo by mockupbee on UnsplashRising crypto-related complaintsThe decision to conduct this survey was prompted by the increasing number of residents experiencing unfair losses from cryptocurrency investments amid an economic slowdown. Last year, the consumer counseling center in Gyeonggi-do received 448 complaints related to crypto assets, which was more than triple the number in 2020.The objective of the survey, which will run from August to November, is to gather data on residents’ perceptions of crypto assets, their methods of accessing them, the types of investment victims, and the extent of investment losses. To obtain a comprehensive understanding of the current situation, Gyeonggi-do will also analyze complaints from the past three years and establish appropriate response measures.In-depth interviewsIn addition to the survey, Gyeonggi-do plans to conduct in-depth interviews with victims by making visits and phone calls. The provincial government aims to categorize each case into major groups such as illicit pyramid schemes, suspicious investment advice channels, illegitimate fund-raising activities, market manipulations, and fake crypto sales.Legislation in progressMeanwhile, the Virtual Asset User Protection Bill is currently undergoing the legislative process in the National Assembly. Gyeonggi-do is committed to devising appropriate consumer protection policies within its jurisdiction to safeguard residents and prevent further damages until the act becomes effective. Cases of unfair trading practices uncovered during the survey will undergo legal reviews and may result in fines or lawsuits.Heo Seong-cheol, the head of the Fair Economy Division at the Gyeonggi-do government, expressed the province’s dedication to minimizing financial losses incurred by consumers due to criminal activities in the crypto industry. He said the survey will provide valuable insights to the local government, enabling them to gain a comprehensive understanding of the current situation regarding unfair crypto trading practices and take necessary actions.