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Regulation and Compliance Are Key to Building Crypto Derivatives

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For crypto to mature fully, regulated derivatives are non-negotiable.

Derivatives already comprise 70-75% of crypto transaction volumes, with institutional players leading the charge. While there is a growing number of regulated offerings, the majority of the volume – about 95% – happens in “offshore” venues, meaning in unregulated or lightly regulated jurisdictions. This exposes investors to risks like market manipulation and fraud, and leaves consumers with a lack of protections.

Luckily, there are a growing number of pathways, particularly in Europe, for crypto exchanges to meet the demands of risk-averse institutional investors whose primary concern is compliance, security and regulation.

What We Can Learn From Market History

Historically, spot markets have served as foundational liquidity sources and initial price discovery venues. As markets mature, derivatives markets often take the lead by incorporating broader information and future expectations. This transition has already been observed in commodities and equities markets globally, signaling a shift towards more advanced trading strategies — a key indicator of a maturing market.

Similarly, in the crypto space, for a mature and balanced crypto market, it is imperative to have access to both spot and derivatives trading. Futures and options will play — and have always played — an essential role in managing risk, hedging and enhancing capital efficiency. They are crucial for attracting sustained institutional participation, allowing capital efficiency and affording a wide array of trading strategies.

However, only regulated exchanges will be able to provide the security and compliance essential for large financial clients. For crypto exchanges to offer E.U.-regulated crypto derivatives like perpetual swaps, getting a MiFID license is a must. There’s no doubt about the growing demand for derivatives — about $3 trillion. MiFID brings the clarity and protections that crypto markets desperately need, giving us oversight that aligns with traditional financial services. This boosts market integrity and helps curb fraud.

Regulated exchanges can attract a wider range of institutional clients with demand for crypto derivatives. And they can become sources of innovation. The growing appetite for sophisticated products like perpetual swaps reflects the maturation of trading strategies, provided they come with oversight. Effectively leveraging these tools is critical to promoting market integrity and creating sustainable yield opportunities.

Managing the Real Institutional Risks

As we have seen in 2024, hedge funds and family offices are diversifying beyond Bitcoin and Ether, increasingly focusing on stablecoins, derivatives and emerging products. These players know that all markets have volatility, and trading comes with inherent risks – and crypto is no different. Rapid market shifts can quickly transform profitable positions into losses. Derivatives, in general, carry more inherent risk than spot markets due to factors like leverage and complexity, as their value is derived from underlying assets.

Access alone is insufficient. While regulated exchanges offer compliant crypto derivative products, they cannot shield traders from potential losses. They can only provide defenses against risky practices, abuses and bad actors.

Compliance is the next essential piece of the decentralized, cross-border landscape of crypto, where regulatory gaps can amplify risks. Regulatory bodies in reputable jurisdictions are implementing stricter standards for platforms offering crypto derivatives, requiring exchanges to register, maintain sufficient capital, and adopt robust anti-money laundering (AML) and know-your-customer (KYC) practices.

Custody has matured the most since the last bull run in terms of compliance.

Institutions need custodians that combine technical expertise in securely holding crypto assets with rigorous compliance akin to traditional asset management. Leading custodians bridge this gap through secure storage, operational transparency, and robust safeguards, thereby reducing risks associated with hacks or technical failures.

The result has been institutions are gaining confidence in the crypto market now that regulated custodians can align with their operational standards.

The industry must learn from past mistakes. Focusing solely on venues for liquidity that lack adequate licensing in reputable jurisdictions, developed compliance practices and other trust factors can lead to disastrous consequences. Web pages about “Proof of Reserves” mean nothing without other safeguards in place. Global financial audits (preferably from a Big 4 accounting firm), ISO and SOC2 designations are exceedingly important for both institutional and retail users to consider and prioritize when they choose a crypto platform or partner.

Today’s institutional players seek a marketplace that effectively balances spot liquidity with derivatives for risk management and capital efficiency. The complementary roles of spot and derivatives markets can create a stable and growing crypto ecosystem where transparency, security, and compliance facilitate broader participation.

Therefore, exchanges must prioritize regulated products and secure custody if they want to offer comprehensive trading options for institutional investors moving into 2025.

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Trump’s Memecoin Dinner Questioned by Top Democrat on House Judiciary Committee

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A senior Democrat in the House of Representatives, Jamie Raskin, joined his name to lawmakers seeking answers about President Donald Trump’s recent dinner for top investors in his memecoin, sending questions directly to Trump.

Raskin, the ranking Democrat on the House Judiciary Committee, has been a vocal critic of the president and becomes the latest of many from his party to probe details about the event, which they’ve called out as evidence of White House corruption. Because Raskin is in the minority party, his demands are unlikely to lead to further congressional action unless they regain the House or Senate in next year’s elections.

«I write today to demand that you release the names of all the attendees at this dinner and provide information about the source of the money they each used to buy $TRUMP coins, so that we can prevent illegal foreign government emoluments from being pocketed without congressional consent,» Raskin wrote this week to the president, joining many counterparts in the Senate in seeking the information, including Senators Elizabeth Warren, Chris Murphy and Richard Blumenthal.

«We deserve to know who is paying for access to our president, and what steps you took to ensure that the funds you receive are legitimate and legal, rather than the proceeds from foreign states or monarchs or illegal activities,» Rasking said, specifically highlighting Tron founder Justin Sun, a guest who was a major early investor in Trump’s family crypto operations.

Read More: Democrats Threaten Lawsuits, Join Protests Ahead of Trump Memecoin Dinner

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FTX Repayments May Have Positive Market Impact: Coinbase

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The FTX Recovery Trust will begin distributing over $5 billion in cash and stablecoins to creditors starting on Friday, with funds expected to land in accounts within the next three business days via BitGo and Kraken.

And there’s a chance this wave of repayments will help lift the crypto market, analysts at Coinbase wrote in a report on Friday.

It’s the second major round of repayments following the exchange’s collapse. The first, which began on Feb. 18, returned roughly $7 billion to creditors with claims under $50,000. That did little to lift broader crypto markets at the time, which remained under pressure from macro headwinds.

This latest wave of distributions comes as investor sentiment has shifted, the analysts said. Payments will arrive in stablecoins, offering recipients immediate on-chain liquidity, instead of cash and crypto. That could influence whether the funds are reinvested.

There’s also a broader sense of optimism in crypto markets, thanks in part to a rally in major assets and increased political clarity around regulation. Institutional players, in particular, may feel more comfortable acting on incoming funds, especially as Congress moves closer to passing legislation that would define the roles of U.S. regulators overseeing digital assets.

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Judge Declines to Order DOJ to Review Records in Roman Storm Case

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The federal judge overseeing Roman Storm’s prosecution declined to order the Department of Justice to review its records for any materials it might have missed that would help the Tornado Cash developer at the end of a 30-minute hearing Friday morning, though she told the government it should not have any disclosure issues.

Judge Katherine Polk Failla also ruled that there were no Brady violation concerns with the Department of Justice’s conversations with the Financial Crimes Enforcement Network (FinCEN) about whether mixers needed to register as money transmitters — the conversation that prosecutors pursuing Samourai Wallet developers had with FinCEN officials, but not the prosecutors on Storm’s case — one of the DOJ representatives said in the phone conference on Friday.

If the judge had found that prosecutors had withheld information, it could affect the case moving forward.

«I’m not going to require a further review based on the representations made that there’s no additional material of this type, and based on my views that I don’t believe the material was exculpatory,» she said.

«There’s a difference between ‘this is something I’d like to know’ and ‘this is a Brady violation,'» the judge said, referring to a Supreme Court precedent that requires prosecutors to share any and all information that might help a defendant with the defendant’s team.

Storm’s defense attorneys argued during the hearing that they needed to know when the prosecutors in their case learned about the FinCEN conversation.

«They do plan to say they’re charging a conspiracy to operate an unlicensed money transmitter,» said defense attorney Brian Klein. «My question is who are they supposed to be licensed with? … this is all in the same issue. They’ve only dropped one subpart … but they’re still going to say they’re charging an unlicensed money business.»

Thane Rehn, a prosecutor who worked on the DOJ case against Sam Bankman-Fried, said that his team wouldn’t argue that Tornado Cash needed to secure a license.

«The word ‘license’ doesn’t apply here and the jury won’t be instructed on licensing issues … what we intend to prove at trial is the defendant knew they were transmitting funds derived from criminals,» he said.

The judge did at multiple points ask the prosecutors if they planned to change any other theories or charges in the weeks leading up to the trial, saying doing so might be unfair to the defense. The trial is supposed to kick off in less than two months.

Read more: DOJ Will Still Pursue Roman Storm Case Despite Blanche Memo, Prosecutors Say

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