Karsten Wenzlaff, Advisor
August 26th, 2025
Sep 20, 2024

Image: Freepik/PiggyBank
In what is becoming a protracted legal battle, Kraken has responded to the US Securities and Exchange Commission’s assertions that the exchange is violating securities laws.
The SEC has claimed that Cardano, Algorand, and a host of other assets on the Kraken exchange have securities status, meaning that Kraken is training unregistered securities. They have also claimed this means that the exchange has failed to meet the reporting requirements that are levelled at such exchanges.
Kraken has recently reiterated its position that crypto assets do not qualify as securities and, therefore, the SEC has no jurisdiction over them or other exchanges, as the case is now being heard.
Cryptocurrency is used for peer-to-peer payments, cross-border payments, and ecommerce payments.
It has also become popular with some of the top casino apps in CA as it offers anonymous, private, secure payments at a fraction of the cost and speed of traditional payments. Sports betting and slots writer Jamie Wright claims that payments and withdrawals can be completed in a matter of seconds.
However, as well as being used for payments and purchases, crypto is also often seen as a form of investment. High volatility in the market means there is considerable risk, but this also means there is huge potential profit.
And speculators have made vast sums by buying into the likes of Bitcoin, Ethereum, and other cryptos. Ever since Bitcoin launched, and especially since it has gained more widespread adoption, governments and government agencies around the world have struggled with how to classify crypto and whether to regulate these digital assets.
On the one hand, regulation would offer buyers protection against the collapse of exchanges, and put other security measures in place for users.
Crypto proponents point to cryptocurrency’s decentralized nature and its privacy, claiming that regulation would diminish these benefits. The disagreement has firmly pitted crypto exchanges and the SEC against one another.
In May 2023, crypto exchange Kraken faced the House Financial Services Committee and the House Agriculture Committee and, in doing so, they said that more robust regulations would help protect investors.
However, they also argued that the SEC was overstepping its jurisdiction and that, in any new regulations, the SEC should be overlooked in favour of other regulators.
The day after the hearing, the SEC filed a lawsuit against Kraken accusing them of trading unregulated securities. There was much debate over the filing. Kraken argued that there was no contract and that the tokens available on their exchange did not constitute securities.
The SEC argued that the tokens are “digital asset securities”: a term they themselves coined. At the time of the filing, Kraken stated that the SEC contradicted its own definitions of securities and went against generally accepted definitions and regulations.
Last week, Kraken requested that the case against them be heard in a US court and that they be given a jury verdict. This follows a decision by a California judge, last month, that the case would go ahead.
The SEC has claimed that ADA, ALGO, ATOM, FIL, FLOW, ICP, MANA, MATIC, NEAR, OMG, and SOL all qualify as securities. They state that Kraken has failed to properly register as a broker or exchange, and they have requested that the exchange pay a portion of the profits it has made in fines.
Interestingly, the filing only relates to the 11 tokens listed and does not include BTC or ETH, which the SEC has previously claimed do not qualify as securities, despite their similarities to other tokens.
The SEC has also filed similar cases against Coinbase and Binance, and judges have recently also ruled that these cases will also proceed to court. The outcome of these cases could have significant implications on the cryptocurrency market, at least in the US and for anybody who uses US exchanges.
If it is determined that Kraken, Coinbase, and Binance have indeed acted as securities exchanges, it will mean they will have to report data to the SEC and will have to meet regulatory requirements that could see their exchange offerings change considerably.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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NFTs | Sep 20, 2024

Image: Freepik
The U.S. Securities and Exchange Commission (SEC) announced an enforcement action against Flyfish Club, a company that offered NFT memberships for a private dinner experience. Two SEC commissioners, Hester Peirce and Mark Uyeda, publicly disagreed with the ruling saying that the Flyfish NFTs were incorrectly categorized as securities. The case has garnished a lot of attention including in Canada where NFT regulation is still a topic of interest.
Flyfish Club is a high-end exclusive eating club in New York City that sold membership NFTs as the only way to access their restaurant. There were two types of NFTs: A standard NFT for general access to the restaurant club, and an 'Omakase' NFT offering access to a special private sushi dining room. Between 2021-2022, Flyfish Club sold $14.8 million of NFTs to holders who were allowed to resell or lease their tokens, which triggered the SEC to classify the NFTs as securities investments. The SEC argued that the Flyfish NFTs should have been registered as securities because the tokens were sold with the expectation of profit from secondary market sales and royalties.
Peirce and Uyeda strongly disagreed with the SEC's decision saying that the Flyfish NFTs were utility tokens and not securities since they were designed to provide access to a dining experience.
NFT regulation in Canada is still a work-in-progress but the Flyfish Club NFT case raises serious issues about how Canadian regulators should approach and handle NFTs that are merely selling access to events or memberships.
Imagine if an event organizer that sold NFT tickets to VIP access to network with speakers was slapped with securities law violation.
The Flyfish Club case is a good reminder that regulatory clarity is needed for investors, NFT developers and creatives alike.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Sep 20, 2024

The world around us is evolving so fast. It feels like it was just yesterday that credit cards were invented. We now have wireless routers instead of line and dial-up Internet connections and a completely new world of payment.
The cryptocurrency market might replace fiat currencies and banking politics. This will change the economy as we know it, the market of goods, and another important aspect of our everyday lives —the world of online gaming.
Bitcoin and cryptocurrency casinos are already making waves in online gaming community, and they have many upsides that make them favourable options for players.
In this article, we will delve into the findings of our CasinoOnlineCA.ca team of online gaming experts.
At the same time, we will navigate the best Bitcoin casinos Canada has to offer. Why are they so popular? And are they legal and safe playing environments? Let's find out!
What do we know so far? Well, crypto-assets, especially crypto casinos, are a safe and friendly environment for handling personal information. Canada's progressive stance on online gaming and betting, technology, and the benefits of cryptocurrencies have set the ground for Bitcoin casinos to evolve in the online gaming community,
With the increased number of Canadian citizens adopting Bitcoin and other cryptocurrencies in their everyday lives, online casinos have developed in parallel with the increased demand for these currencies.
According to a survey conducted and published by Finder.com, 14% of Canadians already owned cryptocurrencies in 2021, and this figure only continued growing.
Why? Well, as our CasinoOnlineCA team explored, Bitcoin casinos are designed to cater to tech-savvy users who seek the advantages of crypto-based gaming, including:
Unlike their predecessors, brick-and-mortar casinos and online casinos that only accept fiat currencies, Bitcoin casinos operate with a decentralized currency system. This doesn't only mean that government policies and global market trends do not negatively affect Bitcoin but also that deposits and withdrawals made within the decentralized network are almost instant and with no or minimal additional transaction costs.
As James Segrest, crypto finance and gambling expert at CasinoOnlineCA, explains, “The appeal of Bitcoin casinos isn't just in the novelty of using cryptocurrencies. These platforms offer real, tangible advantages for players and investors alike, which is why we're seeing their rapid adoption in the Canadian online gaming market."
Canada's regulatory approach to online gambling and cryptocurrency is still evolving. While the country is considered relatively crypto-friendly, there are still no specific regulations that cover the operation of Bitcoin casinos, despite provinces like Quebec and New England having their own regulatory bodies to cover this area.
However, Statista data shows that the projected rate of user penetration among online casino players is the highest in Canada, standing at about 70%. This fact goes hand in hand with the adoption of regulations for the growing cryptocurrency and Bitcoin casino trend.
While "conventional" casinos typically operate within a centralized banking system, Bitcoin casinos stand out by leveraging blockchain technology. This innovative system creates a very transparent and secure way to handle transactions. Blockchain acts like a digital ledger, where every transaction is recorded in "blocks" and linked in a chain that can't be altered.
"This ensures security and fairness, which is especially important in the online gambling community, all without the necessity of a middleman, offering a level of trust and autonomy that fiat-based casinos simply can't match," Segrest further explains.

Bitcoin itself is more than just a payment method. It is an asset whose value fluctuates based on market conditions. This introduces an intriguing dynamic in the context of online gambling. And here is why. Unlike fiat currencies, which remain relatively stable, the value of Bitcoin can increase or decrease dramatically over a short period.
This volatility adds another layer of risk or opportunity to the table, making it fascinating for people who love the art of gambling. For example, if a player wins Bitcoin in a casino and the value of Bitcoin rises afterward, the player's winnings could increase significantly.
The experts of CasinoOnlineCA have noted that this volatility can turn a typical gambling experience into something more akin to investment speculation. And for crypto enthusiasts, this dual potential for reward is part of the appeal, though it requires a clear understanding of the risks involved.
But there's also an answer: subscribe to numerous online newsletters or channels discussing crypto market predictions! If you want to discover more insights about VIP access to Bitcoin casinos, check our exclusive coverage.
While Bitcoin casinos offer exciting play opportunities, we have already pointed out that they also come with inherent risks. The first and greatest one is the volatility of the currency itself, though when you go for Bitcoin, this is the least risky one of all other cryptos.
The cryptocurrency market volatility can be both a blessing and a curse, as seen during the Bitcoin market crashes of 2017 and 2021 when the cryptocurrency lost over 50% of its value in very short periods. For players using Bitcoin as both currency and investment, these fluctuations can lead to dramatic swings in the value of their holdings and potential wins.
"Players must remember that Bitcoin gambling is not just about having fun but also calculating the risk. And for those players who see it as a form of investment, they must understand that the value of their winnings can change even after they've cashed out, a criterion that must be considered when choosing a Bitcoin casino over a fiat currency," Segrest further advises Canadians.
Given Bitcoin's volatile nature, some strategies that investors and players alike apply to traditional asset markets may be applicable at some level to Bitcoin casinos.
As cryptos become more mainstream, regulatory bodies in Canada, such as the Canadian Securities Administrators (CSA), are beginning to take notice. In 2023, they warned about the risks associated with unregulated crypto platforms, which is why industry experts predict that stricter regulations are already on the horizon.
The Canadian government has already taken steps to implement KYC (know-your-customer) and AML (anti-money-laundering) protocols for existing cryptocurrency-playing platforms. This goes in favour of bitcoin casinos, which, according to the Canadian Internet Policy and Public Interest Clinic (CIPPIC), help mitigate privacy and safety concerns when playing in the digital sphere. Cryptos are volatile, but on the other hand, they are becoming more stable as more people worldwide have them in possession.
By offering players a secure, decentralized, and fast gaming experience, Bitcoin casinos are set on transforming the world of digital assets in Canada. Their rapid adoption is marked by fast payouts, low fees, and, most importantly, enhanced privacy, which doesn't go unnoticed in the keen eyes of tech-savvy gamblers. On top of that, the ever-present volatility of the currency brings about additional excitement, given that players can also benefit from Bitcoin's value fluctuations.
That said, we advise that you remain aware of the risks associated with regulation uncertainties and the currency's volatility. Our CasinoOnlineCA team recommends following thematic sources, including ours, to keep your finger on the pulse of the industry and be among the first to learn about any important changes.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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CBDCs | Sep 19, 2024

Image: CBDC the Future of Digital Money in Australia (RBA)
The Reserve Bank of Australia (RBA) recently published a paper on 'Central Bank Digital Currency and the Future of Digital Money' (48 page PDF) and is moving forward with its focus on wholesale Central Bank Digital Currencies (CBDCs). Meanwhile, according to a CBC article, Canada is pausing its CBDC research due to privacy concerns and strong existing payment systems.
Wholesale CBDC research is progressing in Australia. A new pilot called "Project Acacia" is investigating how tokenization can improve the settlement of tokenized assets by making transactions cheaper and more efficient. However Australia is more cautious on the retail side since the country already enjoys a safe and convenient payment system. People are concerned that the government will infringe on their privacy and spy on their online activities. This seems to be part of a larger trend where countries with stronger financial systems are very hesitate to implement a retail CBDC.
Canada has similarly paused its retail CBDC efforts. According to a CBC article, the Bank of Canada (BoC) is putting research on hold since there isn't an immediate need for a digital loonie, the public is satisfied with the current payment system (some may argue differently), and any sort of digital loonie would ignite major privacy concerns and require significant public trust.
Worth noting that similar to Australia there may be future interest in a wholesale CBDC given that the BoC has been involved in multiple international projects, such as "Project Jasper" and "Project Dunbar" to learn how wholesale CBDCs can improve cross border payments and interbank transactions by making them faster, more secure, and less dependent on intermediaries.
While governments and central banks may see the technical benefits, the public is more concerned about threats to personal privacy and data security. Any push towards a retail CBDC is simply not popular with voters who feel there isn't a need for new government-issued digital money since people trust their bank accounts and digital transactions.
Institutions and governments are starting to recognize the benefits of wholesale CBDCs and progress is being made.While in countries with developed payment systems like Australia and Canada, the political risks and privacy issues make retail CBDCs less desirable.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Crypto Law | Sep 16, 2024

Image: Freepik/fabrikasimf
The British Columbia Supreme Court upheld a $1.2 million Bitcoin loan arrangement in "Nguyen v. Tambosso (2024 BCSC 1551)", ruling in favour of the lender, Hung Nguyen. Despite the speculative nature of the transaction, Justice Shelley Fitzpatrick upheld the enforceability of contracts using Bitcoin just like those involving traditional currencies.
Justice Shelley Fitzpatrick:
“This case involves a modern twist…Bitcoin, despite its volatility, is not beyond the scope of enforceable legal agreements. Any risk associated with the bypass procedure was assumed by Tambosso alone."
This ruling is a turning point for loans backed by cryptocurrency in Canada and possibly beyond.
It strengthens Bitcoin's legality as a collateralized asset and signals a growing acceptance of digital currencies in legal and financial frameworks. For lenders, borrowers, and the fintech sector, the ruling establishes a precedent that may influence future crypto-loan agreements in the future.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Balance | Sep 16, 2024

Canada's largest digital asset custodian, Balance, has announced Coinbase's integration into its Balance Yield product. This partnership expands Balance's range of services for digital assets with a high return. Going forward institutional clients can stake Ethereum (ETH) directly from their wallets without having to worry about losing ownership or incurring unnecessary counterparty risk.
Vladimir Li, CTO at Balance:
"CDP’s plug-and-play solution made it beyond easy for us to integrate Coinbase as a staking provider on our custody platform."
As staking grows in the digital asset ecosystem, this integration will highlight Balance's leadership in providing scalable and safe staking solutions to its customers!
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Crypto Regulation | Release | Sep 13, 2024
Image: Freepik/rawpixel.com
A new bill called The Property (Digital Assets etc.) Bill was tabled in the UK to recognize Bitcoin, NFTs, and other digital assets as personal property under English and Welsh law. If approved, the bill will provide digital assets legal clarity and provide more legal protection against fraud, theft, and disputes. It will also help judges weigh complex situations involving digital assets like divorce settlements.
Justice Minister Heidi Alexander said:
"It is essential that the law keeps pace with evolving technologies and this legislation will mean that the sector can maintain its position as a global leader in cryptoassets and bring clarity to complex property cases."
In the UK today, digital assets are in a legal gray area making it challenging for owners to prosecute fraudulent claims or theft. One of the main goals of the Property (Digital Assets etc.) Bill is to improve safeguards for crypto owners, offering the same legal rights to traditional property holders, which was one of the UK Law Commission's recommendations, the need for a clear legal handling of digital assets.
The bill's legal framework would also establish clearer guidelines for resolving digital asset disputes. For example, in a divorce proceeding where digital possessions like as Bitcoin are frequently divided, the new legal categorization will make it easier for judges to identify asset ownership and distribution. This will provide more confidence in cases involving digital assets and streamline the legal process.
The UK hopes to draw more companies and investors to its digital asset industry by being one of the first countries to offer explicit legal status for digital assets. The government views this bill as a way for the country to maintain its competitive edge in the international financial and technology markets.
Lawmakers around the world should take notice of the UK's Property (Digital Assets etc.) Bill. It's passing would provide stronger legal protections, and clearer dispute resolution outcomes that may serve as an example for other countries looking to add clarity and confidence.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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NCFA Canada
Craig Asano
CEO and Executive Director
casano@ncfacanada.org
ncfacanada.org


