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Kevin O’Leary: ‘I Want More Regulation, And I Want It Now’

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Kevin O’Leary, chairman of O’Leary Ventures, said the crypto industry isn’t regulated enough — which is holding digital assets back from true institutional adoption.

Speaking at Consensus 2025 in Toronto on Thursday, O’Leary said crypto assets under management (AUM) have hit a wall, which he attributed to a lack of regulatory clarity that has prevented the majority of sovereign wealth funds, pension funds and institutional investors from investing meaningfully.

“I never thought I’d say this, but I want more regulation and I want it now,” O’Leary said. “The good news is there’s a new sheriff in town: Paul Atkins at the [U.S. Securities and Exchange Commission].”

O’Leary said Atkins, who was sworn in as chairman of the SEC last month, has already telegraphed that he’s friendly to the crypto industry and will “regulate accordingly.”

Atkins replaces Gary Gensler, whose penchant for so-called “regulation by enforcement” drew the ire of many in the crypto industry. O’Leary said Thursday that he respected Gensler’s consistency as a regulator.

“He said he was gonna sue you, and he sued you,” O’Leary said. “He was consistent and you have to respect that.”

In a press conference ahead of his keynote speech, O’Leary said he’d received a Wells notice from the SEC over a decade ago after speaking about debt tokenization in a televised interview. He was cleared, he said, but the experience temporarily scared him off engaging with crypto in the U.S.

“My first experience with crypto was over a decade ago, when I was on business cable, talking about debt tokenization,” O’Leary said. “I get a knock on my door and it’s an enforcement agent from the SEC serving me a Wells notice. I shit my pants … The regulator was sending a message. I got the message”

Since Gensler departed the agency in January, the SEC has done an about-face on its approach to crypto regulation, creating a Crypto Task Force spearheaded by crypto-friendly Commissioner Hester Peirce and dropping a host of open investigations and lawsuits against crypto companies that were started under Gensler.

A friendlier SEC isn’t the only thing O’Leary is hopeful for when it comes to crypto regulation — he expects to see the passage of the GENIUS Act within “months.”

“The minute that happens, it will signal the move to the next act, the market infrastructure act,” O’Leary said. “And when that is determined and regulated, Katy, bar the doors — a trillion dollars will come in and index [bitcoin].”

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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

soc 051625

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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