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House’s Crypto Markets Bill on Track, But Some in Industry Hope For Senate Overhaul

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Crypto industry insiders so far expect the long-awaited House of Representatives bill to set up rules for U.S. crypto markets will garner at least 30 Democrat voters when it reaches time for a vote as soon as Wednesday afternoon, alongside the 220-member majority of Republicans in the chamber.

Even as much of the sector prepares to celebrate one of its most consequential legislative wins, some in the industry still want to fix what they see as serious flaws in the Digital Asset Markets Clarity Act when it moves to the Senate. That may be an option, because crypto lobbyists have been advised by Senate contacts that the chamber expects to write its own bill, which will have some strong overlap with Clarity but may take different approaches in key areas.

«After years of regulatory unclarity and regulation by enforcement, the Clarity Act passing the House will be a major and welcome step, even if it isn’t perfect,» Chen Arad, co-founder and chief experience officer at Solidus Labs, said in a statement to CoinDesk. When the bill gets to the Senate, he said he’d expect more work on «jurisdictional clarity» between the regulators — the Commodity Futures Trading Commission (CFTC) and Securities and Exchange Commission (SEC).

Behind the scenes, in venues including group phone calls among crypto executives and their lawmakers allies, leaders have urged the diverse crypto crowd to show a united front on the legislation to finally establish U.S. regulations for the industry, according to people familiar with the discussions. But the decentralized finance (DeFi) arm of the digital assets space — for one — has had significant reservations about the wording of the Clarity Act.

If the legislation passes with a bipartisan surge this week, it next heads to the Senate for consideration. House Republicans took to calling this «Crypto Week,» and they’re already moving on procedural votes Tuesday to tee up the more consequential bill votes, with the Clarity Act expected on Wednesday and the GENIUS Act on Thursday.

President Donald Trump urged Republicans to get behind the crypto legislative push on Tuesday, boasting in a post on Truth Social that it’s putting the U.S. ahead of foreign competitors in China and Europe.

«We are leading the World, and will work hard with the Senate and the House to get even more Legislation on this passed!» Trump concluded.

Senate do-over?

The lengthy Clarity Act would establish a wholly new regulatory regime for oversight of the crypto markets, setting clear definitions for different types of digital assets and assigning the watchdog agencies to specific roles — most notably elevating the CFTC as a primary regulator of most of the crypto sector’s trading, because its most popular asset (BTC) is a commodity.

While Senate Banking Committee Chairman Tim Scott has said the Clarity Act will be a «strong template» for the Senate’s work, the Senate demonstrated with the other major crypto bill, the stablecoin-regulating Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act, that it may favor its own version. House lawmakers openly expressed concerns as recently as Monday night that details of their Clarity Act will be ignored by their Senate counterparts. Last week, the House acknowledged it would dump its own stablecoin bill in favor of the Senate version rather than try to reconcile the two pieces of legislation.

Industry lobbyists have been eagerly awaiting the specific language of the Senate’s own market structure bill, having so far only received a list of principles the key Republican lawmakers intended to follow in its drafting. As the lobbyists wait, the Senate Agriculture Committee — one of the two panels that needs to sign off on the legislation — is holding its opening hearing on the topic on Tuesday afternoon.

Among the points of debate between the chambers may be the maturity test in the Clarity Act that would effectively draw a border delineating whether a project belongs under the securities jurisdiction (SEC) or commodities oversight (CFTC).

«It’s great that the bill encourages blockchains to decentralize,» said Linda Jeng, founder and CEO of Digital Self Labs and an academic who has focused on crypto. «But there could be unintended consequences granting the SEC and CFTC with the authority to determine if a blockchain is ‘mature.'»

That’s one of the central tenets of the Clarity Act, the method by which a project can eventually move into a decentralized status that pulls it out of the reach of securities regulation. And it’s a component that some within the DeFi space argue isn’t being handled fairly.

DeFi insiders told CoinDesk that there’s insufficient protection for self-custody of digital assets in the bill and that its maturity test would favor a few incumbent projects, making it harder for new entrants to compete. They also shared concerns about the need to make sure federal preemption over the patchwork of state rules is clear, and one executive called for expanding current language about exemptions for «digital commodity» transactions to be expanded to «digital assets,» because DeFi projects would struggle if they were required to pre-determine whether each action did or didn’t involve a commodity under the law’s definition.

When the Senate takes the reins, the chamber will be further deluged with crypto interests looking for such changes. And if it writes a different market structure bill, the House may be pressured to vote on that rewrite without making further changes, if the situation with the GENIUS Act repeats. Congress is already likely to press past Trump’s initial August deadline for crypto legislation, and the president has been eager for results.

In the end, even the Senate’s work won’t be the last word, because once a regulatory bill becomes law, the relevant watchdog agencies have to write their own rules to implement it — a complex process that can take more than a year to complete and longer to put it into effect.

But the House has to act first before any of the rest can begin.

House progress

As the Clarity Act vote approaches, digital assets lobbyists are laser-focused on the number of Democrats that ultimately add their yes votes with Republicans. During last year’s vote on the predecessor bill, the Financial Innovation and Technology for the 21st Century Act (FIT21), 71 Democrats threw their hats in, though the Senate never acted.

This time, advocates hope for another big, bipartisan number that will give the Senate a hefty push on the House’s market structure ideas. (The Senate’s own GENIUS Act drew an impressive 68-30 approval in a chamber that’s accustomed to scraping by with razor-thin votes.)

House Democratic leaders have chosen not to erect a roadblock for their own members on this bill, so they’ll be free to vote as they wish, said Rashan Colbert, the U.S. policy director for the Crypto Council for Innovation, noting it as an important development removing headwinds from crypto-friendly Democrats.

«If we can get an overwhelming bipartisan vote here, then this clearly becomes a must-do priority,» Colbert said in a CoinDesk interview. «If it’s a disappointing number, then I think it becomes harder,» he added.Representative Maxine Waters, the ranking Democrat on the House Financial Services Committee, has been trying to marshal a resistance to the bill. She has some prominent allies in the AFL-CIO and in the North American Securities Administrators Association, the organization of state-level securities regulators.

Consumer advocates have also weighed in, with a coalition of them saying in a letter to Congress that the Clarity Act «guarantees the crypto industry will be given kid-glove treatment by captured regulators, putting investors and the economy at significant risk.»

Still, the industry is counting on a wide margin of Democrat support — especially from younger Democrats that have routinely bucked their leadership on crypto matters.

«It was a long road to get here, and I think that it’s not practical to believe that we’re going to be able to spin up this type of momentum again,» CCI’s Colbert said. «For those who want regulation, this is an important moment to focus and be supportive of the process.»

Read More: House Gears Up for Crypto Market Structure Vote on Wednesday, Stablecoins Thursday

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Senate Agriculture’s Top Dem: Crypto Market Structure Effort Needs ‘Serious Changes’

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The Senate Agriculture Committee leapt into Congress’ negotiation over crypto’s market structure legislation with a hearing on Tuesday, and its ranking Democrat, Senator Amy Klobuchar, outlined the significant changes she’d like to see before she’d embrace the effort to set up digital assets regulations.

As the House potentially nears passage of its own market structure bill in the Digital Asset Markets Clarity Act (despite a procedural delay on Tuesday), Klobuchar’s committee will need to sign off on its own legislation. And any major changes she and other Democrats are willing to pursue as a party could stretch the legislative process much longer than the Sept. 30 deadline that Banking Committee Chairman Tim Scott has set.

«We’re not going to be rolled here,» Klobuchar warned, calling for «some serious changes» to the regulatory proposals being discussed for U.S. crypto.

She suggested the bill needs to better nail down the funding of regulators that’ll be tapped to oversee the rapidly growing new markets, should make a strong effort to protect consumers and needs to close off loopholes that you could «drive a truck through,» referring to the potential that existing securities regulations could be undermined.

The committee’s Republican chairman, John Boozman, highlighted collaboration with the Banking Committee and regulators. So far, the other committee is outpacing his in working on legislation. The Republicans there have publicly released a set of principles they’re following on the bill, though they haven’t yet released a working draft.

«We must act expeditiously to develop a comprehensive regulatory framework for the trading of digital commodities, but we must ensure we get this right,» Boozman said.

While the Democrats are not in charge, many of their votes will be needed to clear the Senate’s 60-vote hurdle for most legislation. Similar policy desires have also been expressed by Senator Elizabeth Warren, Klobuchar’s Democrat counterpart in the Senate Banking Committee, though crypto-critic Warren is unlikely to become a partner in the negotiation. Klobuchar’s panel, though, has historically been more collaborative than Warren’s.

On the major Senate vote on stablecoin legislation, the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act, Klobuchar was a no vote. Crypto advocacy group Stand With Crypto has given Klobuchar an «F» rating for being against the industry.

Read More: House’s Crypto Markets Bill on Track, But Some in Industry Hope For Senate Overhaul

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Legitimate Privacy Tool or Dirty Money ‘Laundromat’? Lawyers Debate Role of Tornado Cash on Day 1 of Roman Storm Trial

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NEW YORK — There is at least one fact that both the defense and the prosecution agree in the ongoing criminal money laundering trial of software developer Roman Storm: the product he helped to create and run — a once-popular crypto privacy tool called Tornado Cash — was exploited by hackers and cyber criminals to launder their dirty money.

What the parties do not agree on, and the fundamental question at the heart of Storm’s trial, is whether Storm was able to prevent this behavior, whether he knew which criminals were using the Tornado Cash protocol and how and, most importantly, whether he should be held criminally liable for creating a tool that bad actors used to cover their tracks.

Storm, 36, has been charged with conspiracy to commit money laundering, conspiracy to violate U.S. sanctions, and conspiracy to operate an unlicensed money transmitting business — charges which, if Storm is convicted, carry a maximum combined sentence of 45 years in prison. His trial kicked off in Manhattan on Monday, and opening arguments took place Tuesday afternoon after lawyers selected a 12-person jury to oversee the three-week trial.

Read more: Jury Seated for Tornado Cash Dev Roman Storm’s Trial

During the government’s opening statements, prosecutor Kevin Mosley told the jury that Roman Storm “knew that his business was laundering dirty money” and that he made millions of dollars doing it. Mosley said the jury would see a photo of Storm wearing a t-shirt with a picture of a washing machine with Tornado Cash’s logo on it — evidence that he allegedly knew exactly what Tornado Cash was being used for.

Storm, Mosley said, turned a blind eye to the hackers using his platform and ignored pleas from scam victims who reached out to him, asking for help recovering their money. Though prosecutors claim Storm either told the victims he couldn’t help them or ignored them entirely, Mosley said Storm maintained full control over the Tornado Cash platform, even tweaking it “to make it even better for criminals to hide their money.”

Some of Tornado Cash’s users included North Korea’s infamous state-sponsored hacking organization, the Lazarus Group, which used Tornado Cash to launder the proceeds of its 2022 hack of Axie Infinity’s Ronin Network. Mosley told the jury that, by allegedly facilitating the Lazarus Group’s money laundering, Storm and his “co-conspirators” — fellow developers Alexey Pertsev and Roman Semenov — violated U.S. sanctions against North Korea. Mosley said Storm knew Tornado Cash was helping North Korea skirt U.S. sanctions because he allegedly texted Semenov and Pertsev, “guys, we’re done for” after news of the Axie Infinity hack broke.

Storm’s lawyers, of course, see the facts of the case very differently. In her opening statements to the jury, Keri Axel, a partner at Waymaker LLP, said that Storm’s text to Pertsev and Semenov after the Axie Infinity hack had nothing to do with sanctions, and everything to do with the impact of the hack on Tornado Cash’s reputation, as well as the price of the TORN token, which suffered in the wake of the hack. The washing machine t-shirt, she said, was a joke “in poor taste.”

Storm, Axel said, didn’t work with hackers or scammers, and didn’t want them using his product.

“These criminals, acting without any assistance from Roman [Storm], misused Tornado Cash,” Axel said. “You will not see any evidence that he communicated with them or assisted them, absolutely none.” The fact that Tornado Cash was continuously exploited by bad actors “ultimately killed his dream” of creating a privacy tool that was widely adopted and respected throughout the crypto community, Axel said.

It is privacy — and the legitimate need and desire for it — that sits at the core of Storm’s defense. His lawyers told the jury that their client, a Kazakhstan-born U.S. citizen who taught himself to code while working odd jobs as a bus boy and a security guard before jumping to the tech industry, was inspired to create a privacy tool after meeting Ethereum co-founder Vitalik Buterin, who she described to the jury as a “crypto rockstar.”

While Axel admitted that Tornado Cash was “misused” by bad actors, she said that they represented a minority of the tool’s users — most of whom she said were normal people using Tornado Cash to preserve their privacy.

“It’s not a crime to make a useful thing that’s misused by bad people,” Axel said, comparing Tornado Cash to a smart phone used to scam people, or a hammer used to break into homes.

She explained to the jury that, because the blockchain is public and easily searchable, any known wallet address can be searched, and its transactions (and the value of its contents) can be viewed by anyone. Axel explained that, in the crypto industry, loss of privacy has led to the recent string of kidnappings and attacks on high-net worth individuals and executives.

“How would you feel if someone took your bank account and published it on the internet?” Axel asked the jury. “You would feel exposed and probably unsafe.”

Axel told the jury that they would hear testimony from a host of victims and hackers, none of which could be directly connected to Roman Storm. The hackers, she said, were only testifying “in the hopes that they can get leniency in their own criminal cases” and that Storm lacked the power to help their victims.

First witness

After opening statements concluded, the government called its first witness, a Taiwan-born Georgia resident named Hanfeng Ling. Ms. Ling told the court how she was the victim of a pig butchering scam in the fall of 2021, that began with a wrong-number Whatsapp message. The scammer convinced Ling to transfer nearly $200,000 from her savings account to purchase crypto and then “invest” the crypto in a fake foreign exchange trading platform.

Ms. Ling’s testimony will continue on Wednesday. Nathan Rehn, the lead prosecutor, told the court that he expects her testimony will be followed by four more government witnesses on Wednesday.

The bulk of Storm’s trial is expected to take place over three weeks, followed by jury deliberation.

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Gaming Studio Snail Explores Developing U.S. Dollar Stablecoin

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Snail Games (SNAL), a publicly-traded video game studio, said on Tuesday that it is mulling the development of its own U.S. dollar stablecoin.

The company is evaluating the technical, legal, and financial hurdles to issuing a proprietary stablecoin, according to a press release. To support the effort, Snail retained George Cao, founder of the crypto exchange AscendEX, as an external consultant. The company has also engaged a crypto-focused law firm to help navigate compliance challenges.

No firm timeline has been set, and the initiative remains exploratory.

The stock jumped as much as 20% on the news before shedding some of the gains, closing the session 8% higher.

«This stablecoin exploration is a natural evolution of our innovation-led strategy and will support a broader effort to evaluate how blockchain-based technologies could be aligned with the company’s long-term goal to be at the forefront of digital transformation in the entertainment space,” co-CEO Hai Shi said in a statement.

Stablecoins are cryptocurrencies pegged to fiat currencies like the U.S. dollar, and are increasingly popular to transfer value quickly and with fewer intermediaries through blockchain rails. With impending U.S. regulation of the sector, major banks and large retailers like Walmart and Amazon are said to explore issuing stablecoins.

For a company like Snail, integrating stablecoins could open doors to blockchain-based game economies, player-driven marketplaces or cross-border monetization, without relying on traditional payment rails.

Read more: ‘Crypto Week’ Hits a Roadblock as House Cancels Makeup Vote for Crypto Bills

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