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How Trump Can Help Crypto on Day One
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Dear President Elect Trump,
As the co-head of a major law firm’s digital assets practice, I am hopeful that your nominee to chair the Securities Exchange Commission (SEC) will make much-needed (and long-overdue) reforms to the way the SEC approaches crypto market regulation in the United States.
However, as you know, it will take some time for your nominee to be confirmed as SEC chair, and for him to formulate new SEC guidance and rules for the crypto industry. Bearing that in mind, I write respectfully to propose an Executive Order that you can issue—on Day One of your Presidency—to help restore American leadership in the burgeoning crypto financial system.
While other countries have raced to create regulatory clarity for crypto entrepreneurship to thrive, U.S. lawmakers and regulators have thus far refused to mold and modernize decades-old rules that were never meant to apply to this groundbreaking technology, leaving U.S. market participants adrift in a sea of regulatory ambiguity. All the while, the SEC under its current chair, Gary Gensler, has teed up case-after-case against crypto companies, projects and founders based on allegations that they violated these outmoded and anachronistic requirements, even where there are no allegations of fraud or actual harm to investors.
It should be no surprise that this regulation-by-enforcement approach has chased many of the leading innovators and businesses in the digital assets sector offshore, jeopardizing America’s leadership position in the global economy.
How to find our way again
The good news is that it’s not too late to turn things around. The current moment presents a once-in-a-generation opportunity to make America the crypto capital of the world, and harness the transformative promise that digital assets and blockchain technology hold for our country. While there are many legislative, regulatory and tax reforms that will be needed to seize this opportunity, there is one immediate action you can take—on Day One of your Presidency—to pave the way for the crypto sector’s resurgence in America.
You can issue an Executive Order on January 20 directing all federal agencies to:
1. Immediately stay all investigations, enforcement actions and prosecutions of crypto companies, projects and founders unless they involve credible allegations of (a) acts of fraud or other intentional misconduct that harms investors or other victims, or (b) conduct that threatens our national security.
2. Provide a written report to the Office of the President within 180 days detailing why the relevant agency should not immediately terminate such proceedings.
3. Promptly terminate all investigations, enforcement actions, or prosecutions of crypto companies, projects or founders that do not warrant continued prosecution.
What the proposed executive order would accomplish
This proposed Executive Order would be vitally important to undo the chilling effect on the digital assets industry that has been caused by the explosion in recent years of government enforcement litigation, including actions brought against good actors who at most did not follow outdated and inapplicable rules without causing harm to a single investor. The SEC, most notably, has extracted billions of dollars in disgorgement—a financial penalty which, several courts have held, should be used only in cases where an alleged violation of law caused pecuniary harm to victims—in victimless crypto enforcement lawsuits.
Many of these lawsuits have sought to impose draconian sanctions against legitimate crypto market participants that are providing the digital infrastructure needed for these markets to flourish in the United States. The time has come to rethink this blunderbuss approach to enforcement. The proposed Executive Order can achieve this on Day One of your Presidency.
To be clear, you have ample authority to do this. Article II of the Constitution gives the President the power to unilaterally issue such Executive Orders without legislation or regulatory rulemaking. The Justice Department’s own Office of Legal Counsel has opined that Article II empowers the President to compel all federal agencies—including independent regulatory agencies such as the SEC—to comply with executive orders, such as the one proposed here, that would apply generally to all Executive Branch agencies.
You can make America the center of the global crypto economy. The proposed Executive Order can be your first step, on Day One of your Presidency, towards achieving that goal.
Note: The views expressed in this column are those of the author and do not necessarily reflect those of CoinDesk, Inc. or its owners and affiliates.
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Raydium’s RAY Dives 25% as Pump.Fun Appears to Test Own AMM Exchange
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Solana-based token issuance platform Pump.Fun may soon be launching its own automated market maker (AMM), according to a URL connected to the site. However, there has been no public announcement yet.
AMM is a exchange system in crypto markets that makes trading easy by using a liquidity pool of usually, and at least, two tokens. Instead of matching buyers and sellers like a traditional exchange, smart contracts set the prices based on supply and demand and allow trades to be processed without a counterparty.
The “amm.pump.fun” shows a swap product in the making with a sell and buy option alongside a deposit and withdrawal function. That’s a first for Pump.Fun, which lets anyone issue a token for less than $2 in capital, after which they choose the number of tokens, theme, and meme picture to accompany it.
When the market capitalization of any token reaches $69,000, a portion of liquidity is deposited to the Solana-based exchange Raydium and burned (or when tokens are taken out of supply permanently).
Pump.Fun’s own AMM would mean tokens are no longer migrated to Raydium, or at least that’s what the market thinks, dampening sentiment for the latter’s RAY tokens. RAY is down 25% in the past 24 hours on the apparent development.
“It seems they are planning to have pump tokens graduate to their own pools instead of Raydium,” trader @trenchdiver101, who first flagged the development, said. “They can either extract more fees on Solana or have some mechanism to reward token holders.”
Though a part of Raydium’s total trading activity is derived from Pump.Fun tokens, the exchange supports several other top markets — such as Solana (SOL) to stablecoins and others — contributing to its $500 million in average daily trading volumes.
As such, the product could further bump the revenues and profits of Pump.Fun, which has no token but is among the most profitable crypto applications in the past year — a rare feat in a market where businesses heavily rely on token sales to generate income.
Pump.Fun has pocketed over $550 million in total fees since Mar.2024, data shows, with $2.4 billion in trading volumes over just the past two weeks. Over 8 million tokens have been issued on the platform since its 2024 launch, with a few, such as fartcoin (FART), reaching billions of dollars in market capitalization.
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Solana Whales Increase Engagement in Bearish Options Plays on Deribit Amid SOL Meltdown and Impending Unlock
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Deribit’s options market for Solana’s SOL token has become active, with whales engaging in bearish bets as the token’s price continues to decline ahead of an impending multi-billion dollar unlock.
Last week, SOL block trades totaling $32.39 million in notional value crossed the tape on Deribit, representing nearly 25% of the total options activity of $130.74 million. The remainder of the activity comprised screen trades, according to Amberdata. That’s the second-highest proportion of block trades to total activity on record.
A «block trade» in options refers to a significant, privately negotiated options transaction between two parties involving a large number of contracts. Such trades, typically associated with whale activity, are executed over-the-counter and outside the regular order book and then booked on the exchange, allowing for a minimal impact on the market prices.
Options are derivative contracts that give the purchaser the right but not the obligation to buy or sell the underlying asset, in this case, SOL, at a preset price on or before a specific date. A call option gives the right to buy, while a put option provides the right to sell. On Deribit, which accounts for over 85% of the global crypto options activity, one options contract represents 1 SOL.
Last week’s spike in SOL block trades featured a preference for put options, which traders use to hedge against or profit from a potential price slide.
«Nearly 80% of the block-trade volume was concentrated in put contracts. Compared to only 40% puts for BTC and 37.5% puts for ETH during the same timeframe,» Greg Magadini, director of derivatives at Amberdata, said.
The whale demand for put options comes as SOL’s outlook appears grim following the 46% price slide to $160 in just over five weeks. The activity on the Solana blockchain, which became a go-to-place for memecoin traders last year, peaked with the launch of the TRUMP token on Jan. 17, three days before Donald Trump was inaugurated as the President of the U.S.
Since then, the number of daily transactions on Solana and the cumulative daily volume on the Solana-based decentralized exchanges has declined significantly, according to data source Artemis. That has weakened the bullish case for SOL.
Plus, the impending SOL token unlock on Jan. 1 presents a significant headwind, per Deribit’s Asia Business Development Head Lin Chen.
«Solana (SOL) will have a major token unlock event on March 1, releasing 11.2 million SOL tokens, valued at approximately $2.07 billion. This represents 2.29% of the total supply. A significant portion of the unlock comes from the FTX estate and a foundation sale,» Chen said.
Chen explained that the large unlock could breed market volatility as it accounts for nearly 59% of SOL’s daily spot trading volume. Hence, its natural to see a lot of hedging flow in put options in anticipation of a potential extended SOL price slide.
«Many traders would also take this opportunity to long Vol[atility] to generate good yield,» Chen noted.
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Bybit Closes ‘ETH Gap’ as Exchange Replenishes $1.4B Hole After Hack
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Bybit has returned to a 1:1 backing of client assets and has fully closed the “ether gap” it faced after an unprecedented $1.4 billion hack hit the exchange late Friday.
The exchange has received 446,870 ether (ETH), worth $1.23 billion at current prices, through loans, large deposits, and ether purchases in the past two days, on-chain tracking service Lookonchain said in an X post on Monday.
Address activity suggests more than $400 million were purchased through over-the-counter trading, with another $300 million brought directly from exchanges. Nearly $300 million were sought as loans; the rest are from addresses apparently belonging to crypto funds.
ETH prices rose upto 4% over the weekend amid the apparent buying activity, but are down 2% in the past 24 hours as sentiment isn’t fully lifted.
Meanwhile, Bybit said late Sunday that all deposit and withdrawal activity had “fully recovered to normal levels — with total deposits “slightly exceeding” withdrawals as on Saturday in a sign of market confidence.
Friday’s attack targeted one of Bybit’s offline “cold” wallets, which are typically considered secure due to their lack of internet connectivity, in a heist that allowed $1.4 billion in ETH to be withdrawn.
Hackers gained control by exploiting a sophisticated method involving a manipulated user interface (UI) and URL. This allowed the attackers to alter the smart contract logic, redirecting the funds to an unidentified address. The stolen assets were then split across multiple wallets and swapped on decentralized exchanges.
Blockchain sleuth ZachXBT linked the hack to North Korea’s Lazarus Group, a state-sponsored hacking collective notorious for crypto thefts. Lazarus was behind several high-profile crypto attacks, including the $600 million Ronin Network hack in 2022, and a $230 million drain on Indian exchange WazirX in 2024.
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