CFTC Officials Want Close Cooperation With SEC on Crypto Rules

Two members of the U.S. commodities regulator spoke at a conference. One stressed enforcement, the other working with the industry.

AccessTimeIconMay 3, 2018 at 6:00 p.m. UTC
Updated Sep 13, 2021 at 7:54 a.m. UTC
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Two officials at the Commodity Futures Trading Commission (CFTC) spoke about regulating cryptocurrencies this week, stressing the need for cooperation between their agency and another powerful U.S. regulator, the Securities and Exchange Commission (SEC).

Addressing the FIA Law and Compliance conference in Washington, D.C. on Wednesday, commissioner Brian Quintenz spoke out about "an effort that is underway at both the SEC and CFTC to coordinate and harmonize regulatory oversight."

Quintenz did not focus on cryptocurrencies specifically, but when he did talk about them, the emphasis was on "fraud, market manipulation and disruptive trading involving virtual currency."

He reminded the audience that the CFTC has set up a special task force "to prosecute fraud in this evolving asset class," and stressed the importance of cooperating with the SEC so as to "ensure that differences in product nomenclature do not enable bad actors to slip through jurisdictional cracks."

Examples of recent cooperation between the SEC and CFTC include the cases against the alleged My Big Coin and CabbageTech cryptocurrency scams, according to an annotated transcript of Quintenz's remarks.

Commissioner Rostin Behnam, who spoke Thursday morning, struck a much softer tone on cryptocurrencies. He noted that CME Group and Cboe's introduction of bitcoin futures required a "hard and fast introduction" to bitcoin and blockchain technology.

He expressed concern that cryptocurrencies could present a threat to financial stability, if not now then down the line. He urged regulators – who often find themselves "scurrying to keep pace with swift innovations" – to act before that threat appears.

Behnam acknowledged that not everything in the cryptocurrency markets is a fraud and said that policy should "reflect an understanding of FinTech and address the concerns and needs of all stakeholders."

The commissioner was skeptical of the cryptocurrency industry's attempt to craft its own regulations, since "their motives may be too focused on supporting industry growth." Even so, he welcomed market participants to help craft policy:

"Let's work together, have an honest conversation, and seek solutions that focus on an inclusive regulatory landscape."

He added: "Whatever your issue, my door is open."

CFTC image via Shutterstock.

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