Former Thai PM expresses positive view on crypto

SEC seeks summary judgment against Terraform LabsThe U.S. Securities and Exchange Commission (SEC) is making a strong push for a summary judgment in its ongoing legal battle against Singapore’s Terraform Labs and its co-founder Do Kwon. Such an outcome would spare the need for a protracted trial.According to a motion filed by the SEC on Thursday, the record shows that there is “no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law.”Photo by Caleb Fisher on UnsplashRelying on the Howey TestThe SEC’s filing underscores its central argument that Kwon and Terraform Labs were involved in the sale of securities. The document categorically states:“There is no dispute that purchasers made an investment of money, either through fiat currency or crypto assets, for each crypto asset — LUNA, wLUNA, MIR, and UST, thereby satisfying the first prong of Howey.” The Howey Test refers back to a U.S. Supreme Court case — SEC v. Howey — which took place in 1946. The case set a precedent and has subsequently become the cornerstone of determining what is or is not a security in the United States.This argument hinges on the idea that funds were pooled in a common enterprise with the expectation of profits primarily derived from the efforts of the promoters.Citing fraud as well as unregistered securitiesThe SEC’s assertion is two-fold, contending that not only did Terraform and Kwon engage in selling securities, but they also engaged in fraudulent activities and disseminated misleading information. The SEC reiterates these claims in its filing, emphasizing that the defendants committed fraud by duping investors about the stability of UST.They allegedly falsely attributed the algorithm for price stabilization while orchestrating clandestine third-party interventions. This purported deception made their claims regarding the algorithm’s effectiveness deceptive and involved the omission of crucial information. The fallout from Terra’s collapse in May of the previous year resulted in the destruction of substantial investor wealth, totaling billions of dollars.Similar defense team filingThe SEC’s move to seek summary judgment comes in the wake of a similar filing by Kwon’s defense team last Friday. Kwon is currently serving a sentence for document forgery in Montenegro, a situation stemming from his arrest at an airport with forged passports.Notably, Terraform’s co-founder, Daniel Shin, who is currently on trial in South Korea, has attributed the collapse of Terraform Labs to Kwon’s mismanagement. Shin has claimed his separation from the company and its activities occurred two years before its eventual collapse.In this legal battle that holds significant implications for the cryptocurrency and blockchain space, the SEC continues to emphasize its position, asserting that Kwon and Terraform Labs engaged in the sale of securities through deceptive means. The outcome of this case could have far-reaching consequences, setting precedents for future regulatory actions in the industry.

Fonte Capital, an Astana-based investment management company that allocates capital across a broad range of asset classes, including digital assets, launched a spot Bitcoin exchange-traded fund (ETF) in Kazakhstan’s capital city on Aug. 13. The firm is based within the Astana International Financial Centre (AIFC), with the launch prompting AIFC Governor Renat Bekturov to take to X to outline that the product offering is the first spot Bitcoin ETF to be listed within the Central Asian region.Photo by Kanchanara on UnsplashReflecting Bitcoin price dynamicsThe product has been listed on the Astana International Exchange (AIX) and has been assigned the ticker “BETF.” In announcing the offering, Fonte claimed that the ETF “aims to accurately reflect the price dynamics of bitcoin, striving to achieve this performance before fees and fund obligations.”Shares in the ETF are listed in U.S. dollars, with the fund having a “non-exempt” classification, meaning that it can be offered to a broad range of investors, including non-qualified retail investors. Each ETF share will be fully backed by Bitcoin, with Fonte having partnered with BitGo for digital asset custody.  Delivering institutional-grade accessTaking to social media, BitGo described the product offering as a “new era for digital assets” in Kazakhstan. The company asserted that through what it termed “U.S.-regulated cold storage,” the new fund is delivering institutional-grade access to Bitcoin within the region for the first time. Fonte pointed out that the fund “provides investors with a regulated and secure way to include Bitcoin in their investment portfolios without the complexities associated with holding and transferring the underlying asset.” This isn’t the first Bitcoin-related product that the AIX has listed. Back in 2021, it listed iX Bitcoin Exchange Traded Notes, with special purpose company iX Bitcoin SPC Limited acting as the note issuer.  The product differs from the Fonte ETF in that it is backed by shares of ProShares Bitcoin Strategy ETF, a future-based ETF first listed on the New York Stock Exchange (NYSE) in 2021. In comparison, Fonte’s product has the advantage of being directly backed by Bitcoin. The ETF’s backers have pointed out that there are further implications for the ETF’s shareholders. As the product is regulated by the AIFC, Fonte asserts that within that jurisdiction, holders of the product’s shares are protected from the potential reach of international sanctions. In this regard, the product offers further protection as it is not dependent upon overseas issuers.  Overall, the AIFC has played a key role in the development of crypto within Kazakhstan over the course of the last few years. In 2023, it awarded crypto exchanges Bybit and Binance approval to trade within the Central Asian nation.  Binance subsequently launched a local crypto exchange platform in Kazakhstan, achieving full licensing in October 2024. In June of this year, the authority granted its first license for the issuance of a fiat-backed stablecoin.  It emerged recently that Kazakhstan is working towards the establishment of a national crypto reserve, with the administrators of the country’s sovereign wealth fund expressing the desire to commence investment in crypto assets.

As the cryptocurrency market anticipates the approval of a spot bitcoin exchange-traded fund (ETF) in the United States and the subsequent boost to bitcoin’s unit price, Arthur Hayes, Chief Investment Officer (CIO) of family office Maelstrom, has issued a warning of potential market turbulence. Hayes, better known as the founder of crypto derivatives platform BitMEX, has moved on to Hong Kong-based Maelstrom, a family office that invests in early stage infrastructure ventures that implicate a move towards the decentralization of everything.Photo by Kanchanara on UnsplashMacroeconomic risk factorsIn a detailed blog post on Friday, Hayes outlines a number of macroeconomic variables that could lead to a bitcoin unit price downturn. Hayes begins by highlighting the depletion of the Federal Reserve’s reverse repo program (RRP), which has served as a significant driver for risky assets over the past year. This program allows qualified banks and investment firms to park cash and earn interest on it. The RRP balance has rapidly declined from a record high of $2.5 trillion at the end of 2022 to $700 billion. Hayes projects it to reach its historical average of $200 billion by March. As this liquidity source dwindles, he anticipates negative impacts on bonds and stocks, as well as cryptocurrencies. Fed BTFP expirationThe second factor contributing to the potential market turmoil is the expiration of the Bank Term Funding Program (BTFP) on March 12. This crucial Fed facility is designed to provide longer-term loans to commercial banks. The mechanism aids banking sector stability. Hayes is concerned that the BTFP might not be extended. Such an eventuality could lead to bankruptcy for banks holding massive unrealized losses on their bond holdings. It could lead to a “liquidity rug pull” event reminiscent of the banking crisis in March of the previous year. The crypto OG predicts that such an eventuality would force a response. “The combination of a lack of liquidity gushing from the RRP and the lack of printed money to cover the bond losses on banks’ balance sheets will decimate the financial markets globally,” he wrote. Hayes asserts that the combination of reduced liquidity from the RRP and the lack of printed money to cover bond losses could have a global impact on financial markets. In response to this scenario, he predicts that the Fed will cut interest rates during its March 20 meeting and reinstate the BTFP funding line. ‘Healthy’ correctionIn terms of bitcoin’s price, Hayes foresees a “healthy” correction of 20% to 30% from early March prices if the outlined scenario unfolds. However, he suggests the decline could be as much as 40% if BTC rallies to $60,000-$70,000 in the coming weeks. Despite this temporary plunge, Hayes remains optimistic about bitcoin’s resilience, emphasizing its status as a neutral reserve hard currency that is not a liability of the banking system and is traded globally. In a recent podcast appearance, Hayes expressed the view that the business model of U.S. dollar stablecoin issuer Tether will be challenged once multinational banks receive the go-ahead to offer fiat-backed stablecoins. Overall, Arthur Hayes has urged investors to be cautious and to prepare for potential market volatility in March, emphasizing the importance of understanding the interconnected factors influencing both traditional finance and the cryptocurrency market.