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Chairman Behnam: 1/3 of CFTC Crypto Enforcement in 2023

By Christopher Smith
Oct 7, 2023
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Rostin Behnam, the Chairman of the U.S. Commodity Futures Trading Commission (CFTC), spoke at the Financial Industry Association Expo 2023 in Chicago, emphasizing the agency's involvement in the crypto space and the need for updated legislation. He described the CFTC's enforcement actions in the crypto sector as a "non-stop drumbeat."

Behnam highlighted the $6 billion in fines the CFTC collected during fiscal year 2023, with 45 of these enforcement actions involving digital asset-related misconduct, accounting for over 34% of the 131 such actions the Commission has taken since 2015.

He also mentioned the CFTC's recent victory in the Ooki DAO case, where the decentralized autonomous organization was shut down and fined $643,542. In this case, the U.S. District Court ruled that the DAO was considered a "person" under the Commodities Exchange Act of 1936 (CEA).

Behnam discussed the CEA's limitations and how they relate to the agency's future direction. He noted that while disintermediation through technologies like DeFi, artificial intelligence, and standard WiFi is a cornerstone of the current era, the CEA's restrictions were established in a different era and create barriers to necessary rulemaking and policymaking.

He also mentioned concerns about vertical integration in financial markets due to technological advancements and how customer protection has evolved in this context. Behnam advocated for more authority in the cryptocurrency space and emphasized the need for regulatory updates to keep pace with technological advancements.

Behnam's remarks contrasted with the position of SEC Chairman Gary Gensler, who has argued for the preservation of existing financial legislation, stating that it has served investors and economic growth well over the past 90 years and should not be tampered with.

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