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U.S. Senate’s Banking Chair Pushes Debanking Bill After Crypto Uproar

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The industry’s ongoing campaign against the debanking of crypto businesses and leaders has secured a legislative push from a top U.S. senator, Tim Scott, who is championing a bill that would cut out federal banking regulators’ ability to use «reputational risk» as a reason to steer banks away from customers.

That practice had been cited by Republicans as a problem area in recent congressional hearings, which examined how digital assets businesses had been systematically cut out of U.S. banking relationships because of perceptions that the regulators — including the Federal Reserve, Federal Deposit Insurance Corp. and the Office of the Comptroller of the Currency — didn’t want them there.

As the chairman of the Senate Banking Committee, South Carolina’s Tim Scott has rounded up fellow Republicans on that panel to back the bill — the Financial Integrity and Regulation Management Act, or FIRM Act — that cuts that phrase from any regulators’ assessment of a bank’s safety and soundness.

«It’s clear that federal regulators have abused reputational risk by carrying out a political agenda against federally legal businesses,» Scott said in a statement on the bill, which said that ending debanking is among his top priorities. «This legislation, which eliminates all references to reputational risk in regulatory supervision, is the first step in ending debanking once and for all.»

Senator Cynthia Lummis, a Wyoming Republican who is the leader of the digital assets subcommittee, had recently raised this specific point as a concern with the Federal Reserve’s oversight.

«Americans deserve a transparent regulatory framework that fosters innovation in digital assets instead of smothering it with government overreach,» she said in a statement.

Consumer advocates and several Democrats, including Senator Elizabeth Warren, have argued that the regulators’ focus on digital assets had been warranted after the collapse of several major firms, fraud charges against industry leaders, major routine hacks of digital assets platforms and generally volatile markets have posed threats to the safety of investors.

Read More: Crypto’s Debanking Worries Hit Another Big Stage in U.S. House

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Over $5B Pouring into Bitcoin ETFs – Thanks to Bold Directional Bets

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Billions of dollars have flowed into the U.S.-listed spot bitcoin BTC exchange-traded funds (ETFs) in recent weeks, as the cryptocurrency chalked out a sharp recovery rally from $75,000 to $100,000.

Most of the investment is likely driven by bold, strategic bullish directional bets rather than market-neutral arbitrage plays, data analysis suggests.

The 11 spot ETFs drew in $2.97 billion in investor money in April, with an additional $2.64 billion flowing in so far this month, according to data source SoSoValue. That has boosted the net inflow since inception in January 2024 to over $41 billion.

Institutions have historically used these ETFs to set up non-directional arbitrage plays to profit from price discrepancies between futures and spot bitcoin markets. The so-called cash and carry arbitrage involves buying ETFs while simultaneously selling the CME futures to pocket the futures premium while bypassing price direction risks.

But inflows since early April seem driven by bullish directional bets, not arbitrage plays. That’s reflected in the Commitment of Traders (COT) report published by the Commodities Futures Trading Commission (CFTC) every week.

The data shows leveraged funds, typically hedge funds and various types of money managers, including registered commodity trading advisors, have trimmed their net shorts to 14,139 contracts from 17,141 contracts in early April, according to data tracked by Tradingster.

The number of shorts would have risen if carry trades had primarily driven the net inflows.

«CFTC data shows leveraged funds didn’t significantly increase short positions, indicating most flows were directional bets, not arbitrage,» Imran Lakha, founder of Options Insight, in a blog post published on Deribit.

The shift in the nature of inflows in the ETFs suggests large players are increasingly using the ETFs to express a clear market outlook on bitcoin’s future direction.

Bitcoin last changed hands at $102,700 at press time, according to CoinDesk data.

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Alabama Man Sentenced for Hacking SEC’s Social Media to Post Fake Bitcoin ETF News

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A 26-year-old man from Alabama has been sentenced to more than a year in prison for his role in a social media hack that briefly sent the price of bitcoin BTC soaring.

Eric Council Jr. of Huntsville pleaded guilty to charges tied to the January 2024 hack of the U.S. Securities and Exchange Commission’s X account, according to a U.S. Department of Justice press release.

Posing as a telecom customer using a fraudulent ID, Council used a SIM-swap technique to hijack a phone number tied to the SEC’s account. His co-conspirators then used it to falsely post that the agency had approved spot bitcoin exchange-traded funds (ETFs), a long-awaited regulatory milestone.

Within minutes, the price of bitcoin surged by more than $1,000. It crashed soon after, losing more than $2,000 in value once the post was revealed as fake. The SEC did later that month approve the launch of spot bitcoin ETFs.

Authorities say Council was paid in bitcoin for his role. He will serve 14 months in prison followed by three years of supervised release.

Federal prosecutors called the attack a calculated attempt to manipulate financial markets. “The deliberate takeover of a federal agency’s official communications platform was a calculated criminal act meant to deceive the public and manipulate financial markets,” said Acting FBI Assistant Director Darren Cox. “By spreading false information to influence the markets, Council attempted to erode public trust and exploit the financial system”

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State of Crypto: Consensus Toronto 2025 Reg Highlights

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CoinDesk hosted its annual Consensus conference in Toronto this week. It was busy, to put it mildly.

You’re reading State of Crypto, a CoinDesk newsletter looking at the intersection of cryptocurrency and government. Click here to sign up for future editions.

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The narrative

It’s been a hectic week, watching the Senate’s ongoing negotiations over its stablecoin bill, trying to track other legislation and the courts (more on that later perhaps) and just generally meeting folks here in Toronto.

Why it matters

Here’s a selection of CoinDesk’s coverage from the past week.

Breaking it down

Stories you may have missed

This week

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Monday

  • 17:00 UTC (1:00 p.m. ET) The SEC held the latest of its crypto roundtables, this time focused on tokenization.

Wednesday

  • CoinDesk’s Consensus Toronto conference started.

Elsewhere:

  • (Variety) Warner Bros. Discovery will rebrand its Max streaming service as HBO Max, after previously rebranding HBO Max as Max. Dream job: Person who rebrands stuff?
  • (The New York Times) Buyers of the TRUMP memecoin told the Times that they explicitly want to try and influence policy with the president.
  • (The New York Times) A company with a handful of employees that makes videos for TikTok said it planned to buy up to $300 million of TRUMP memecoin tokens. It registered zero revenue last year.

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If you’ve got thoughts or questions on what I should discuss next week or any other feedback you’d like to share, feel free to email me at nik@coindesk.com or find me on Bluesky @nikhileshde.bsky.social.

You can also join the group conversation on Telegram.

See ya’ll next week!

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