Category Archives: Blockchain, Crypto, Digital Assets Regulations

Trump’s Win Puts SEC Chair Gary Gensler at Risk

Gary Gensler | Nov 6, 2024

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With Trump’s win, SEC Chair Gensler May Step Down, Reshaping U.S. finance

Now that Donald Trump has been re-elected as President of the United States, analysts predict that Gary Gensler Chair of the Securities and Exchange Commission (SEC) will likely resign leading to a shift in the regulatory landscape.

  • Historically, an SEC chair typically steps down with a new president so the incoming administration can align leadership.  For example, that's what happened to Jay Clayton who was appointed by Trump but stepped down for the Biden transition to office.
  • Trump publicly criticized Gensler’s tough stance on crypto at the 2024 Bitcoin conference when he announced plans to replace Gensler and make the SEC friendlier towards digital assets.  Like all promises, time will tell what the outcomes will be.

See:  Key Takeaways from Bitcoin 2024 Conference

When Gensler was asked about his possible departure, he said:

“I sleep fine.”

Conclusion

Beyond Gensler's anticipated resignation, digital asset stakeholders should monitor upcoming appointments and policy shifts that will influence the financial landscape and future of crypto in the United States.  As for who might replace Gensler as the new SEC Chair?  We can think of a few candidates of the hop.  Crypto mom anyone?


NCFA Jan 2018 resizeThe 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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Ex-FTX Exec Avoids Prison as Bankruptcy Plan Repays Customers

FTX | Oct 31, 2024

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Ex-FTX Exec Nishad Singh Dodges Jail After Aiding Prosecutors in Fraud Case While Bankruptcy Plan Sets Full Repayment for Customers

United States District Judge Lewis Kaplan decided not to send the former FTX Director of Engineering, Nishad Singh to prison for his remorse and assistance in cooperating with prosecutors in convicting his former boss, FTX founder Sam Bankman-Fried (SBF), of a multi billion dollar theft of client cash in the now bankrupt crypto exchange.  Singh's testimony about fund misuse and political donations highlighted his part in the case.

See:  Ex-FTX Exec Ryan Salame Starts 7.5-Year Jail Sentence

Note that another former exec at FTX and co-founder, Gary Wang, is set to be sentenced on November 20, 2024. Similar to Nishad Singh, Wang cooperated with prosecutors in SBF's trial by sharing important details about FTX’s financial wrongdoings.

Court Approves Repayment Plan

On the financial front, the court also approved a repayment plan that could allow FTX to distribute up to $16.5 billion collected from asset sales. This represents about 98% of former customers who were owed less than $50,000 and they could see full repayment of their claims, which will be paid out in cash (not crypto) to the disappointment of some people given that uptick in market gains recently.

See:  Caroline Ellison Sentenced 2 Years for Role in FTX Fraud

Even FTX shareholders might recover some of their equity investment with an expected payout of $230 million. Payments are set to begin later this year once logistics are finalized.

Why It Matters

FTX case will no doubt make for a remarkable 'case study' on how insider cooperation with the courts, and a very well executed asset recovery can lead to accountability and acceptable outcomes for adversely affected customers.  It may even motivate whistleblowers.


NCFA Jan 2018 resizeThe 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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10 Insights from IOSCO’s Report for Crypto Investors

Crypto Report | Oct 17, 2024

IOSCO Investor education on Crypto Assets

Image: Investor Education on Crypto Assets (IOSCO)

What You Need to Know about IOSCO's Report on Crypto-Assets

The International Organization of Securities Commissions, otherwise known as IOSCO, published a report called 'Investor Education on Crypto-Assets' (64 page PDF) that looks at how more retail people are getting involved in crypto markets, the risks they face, and what regulators are doing to protect them. This post provides an overview of 10 key lessons that investors should know about, especially younger or new investors that are jumping into crypto markets without fully understanding how it works.  From sudden price crashes to fraudulent traps and other pitfalls.  By knowing what to look out for, investors can make smarter and safer choices.  This post highlights 10 quotable takeaways from the report and their implications.

1. Crypto Market Volatility

Virtually everyone who has invested in crypto should understand by now that crypto markets and the prices that underpin them are volatile, so investors that can't stomach it should really stick to more conservative investment options.  The report talks about the crypto winter of 2022 where Bitcoin, for example, dropped from it's peak of over $67,000 in 2021 to around $16,000 by November 2022.  Such a severe price decline can have serious consequences for retail investors.

👉 According to survey responders, many investors entered the market without fully understanding the risks. Only a small portion of surveyed investors believed their investments were at high risk (even after such market crashes​), preferring to believe that markets and prices would rebound to all time highs in the future.

2. High-profile Collapses

The collapse of enterprise crypto companies like TerraUSD and FTX in 2022 caused billions of dollars in losses for everyday investors. In Canada, a survey found that many people had money in these platforms and couldn't access their funds once the companies failed.  Let's also not forget about Canada's own debacle in the QuadrigaCX failure (fraud) back in 2019 where investors were also unable to get access to their funds.

See:  5 Fintech Failures and Lessons to Learn From

👉 Survey says, more than 40% of retail investors in the U.S. and Canada were worried about the lack of rules and how vulnerable their money was with these platforms.

3. Young Investors and Social Media Influence

Many people investing in crypto are younger, especially those under 40. In the U.S., 62% of investors under 35 had thought about investing in crypto, and over half of them already had. By comparison, only 7% of people over 55 had invested in crypto. A similar trend was seen in Canada where younger investors were more likely to rely on advice from social media and friends.

👉 Platforms like TikTok and Instagram were popular sources of information for younger investors but often the advice they get from these platforms is not reliable which leads to making poorly informed decisions and taking unnecessary risks.

4. Fraud and Scams

Fraud is still a big problem in the crypto market. The report shows that in the U.S. alone crypto scams caused over $1 billion in losses in 2022. One common scam worth highlighting is called "pig butchering" where unknown predators contact people on social media, get them to trust them eventually, and then trick them into participating in fake investment scams.  See NASAA on Crypto scams

See:  Is Web3 Ready for Social Commerce Adoption?

👉 More than 60% of those scammed said they were targeted through social media.  More education is needed to help investors spot warning signs to avoid being scammed.

5. Regulatory Changes to Protect Investors

To address the increasing risks in crypto markets many countries have put stronger rules in place. In the European Union, the Markets in Crypto-Assets (MiCA) regulation created a single set of rules for crypto providing more protection for investors. In the U.S., the SEC has taken a regulation by enforcement approach by going after unregistered exchanges and cracking down on scams, leading to record setting enforcement actions (many including some vocal SEC commissioners are against also see nothing but crickets).  In Canada, the Canadian Securities Administrators are requiring that all crypto trading platforms register in compliance by December 31, 2024 (also see the OSCs staff notice and all crypto platforms to register as investment dealers)

👉 Survey results show that about 40% of retail investors in the U.S. and Canada didn’t know about the protections offered by regulated platforms.

6. Overconfidence in Knowledge

Many investors think they know more about the crypto market than they actually do. In a Canadian survey, 70% of investors said they felt knowledgeable about crypto, but only 32% could correctly explain how blockchain technology works.

👉 This difference between what people think they know and what they actually know can lead to risky investment choices. Investors might not fully understand important technical risks like how private keys or digital wallets work, making their investments less secure.

7. Social Media's Role in Driving Investment Decisions

In both Canada and the U.S. more than 50% of investors in some age groups said they get most of their investment advice from social media influencers and online forums and communities. Many also said they rely on advice from friends and family instead of professional financial advisors or experts.

See:  Resurgence of Cryptoassets in Canada’s Investment Landscape

👉 The reliance on casual advice makes it easier for investors to make bad decisions. Misinformation can spread quickly on these platforms that often leads to hype around risky investments that may not have much real value.

8. Small Investments, Big Risks

Many retail investors are drawn to crypto because it seems easier to start with small amounts of money (especially lower income earners).  A European survey found that 64% of households investing in crypto earned less than €1,500 per month. This group is often the most financially vulnerable but yet they are the most likely to invest in risky and speculative assets.

👉 Even though crypto might seem accessible, small investments can still lead to big losses in such a volatile (and not fully regulated) market. The report highlights the need for greater awareness of the risks that come with investing small amounts into crypto.

9. Viewing Crypto as a Short-term Gamble

In Canada, approximately 28% of investors saw crypto as a way to make quick money (fast gamble), instead of thinking about it as a longer term investment. The reality is that short term thinking often leads to emotional and impulsive decisions, especially as prices swing wildly.

👉 It’s important to teach investors about strategic long-term planning and diversifying their investments across different asset types.  Crypto investments should be taken seriously as opposed to treating it like a lottery ticket.

10. The Need for Comprehensive Education

Even though crypto is becoming more popular, many retail investors still don’t have a good understanding of how the market works. Surveys from different countries found that over 60% of investors didn’t fully understand the risks of fraud, price volatility, or whether the platforms they were using were properly regulated.

See:  WEF Insights On Coordinating Global Crypto Regulation

👉 There’s a real need for comprehensive yet easy to understand educational programs to help people learn more about the risks and opportunities in crypto markets. Countries like France and Canada have started campaigns to fill these gaps, especially for younger investors who are more likely to be misinformed.

Conclusion

Crypto markets can be exciting for retail investors but as IOSCO's report shows much work still needs to be done to educate investors (especially new and younger retail investors) that it's a high risk investment.  From market volatility to high profile collapses, massive fraud and the pitfalls of social media advice and more.

Download the 64 page PDF report 'Education for Crypto Invetsors' --> here


NCFA Jan 2018 resizeThe 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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FBI Sting Uncovers $25M Crypto Market Manipulation

Crypto Sting | Oct 11, 2024

Pixabay Spectra112, Wash trading

Image: Pixabay/Spectra112

FBI's Fake Crypto Sting Uncovers $25 Million in Market Manipulation

The U.S. Attorney's Office in the District of Massachusetts announced on October 9, 2024 that the FBI has successfully taken down a major market manipulation scheme by creating a fake Ethereum-based token called NexFundAI (NEXF).  The undercover FBI sting (known as 'Operation Token Mirrors') led to 18 individuals and businesses being charged for their involvement in a pump-and-dump scam, leading to the uncovering of $25 million in unlawful earnings, which has been confiscated by the U.S. Department of Justice (DOJ).  According to the DOJ, this is the first time that financial services companies in the crypto sector have been charged with market manipulation.

See:  Ex-FTX Exec Ryan Salame Starts 7.5-Year Jail Sentence

Jodi Cohen, Special Agent in Charge of the FBI’s Boston Division, on the case:

“What the FBI uncovered in this case is essentially a new twist to old-school financial crime. The FBI took the unprecedented step of creating its very own cryptocurrency token and company to identify, disrupt, and bring these alleged fraudsters to justice.”​.

Wash Trading Scam

The pump-and-dump scam used wash trading as their primary strategy to create the appearance of increased trading volume for NexFundAI without the actual market demand.  The fake demand was used to influence investor behaviour by artificially inflating prices, and then when the NEXF token reached a certain point, the market manipulators swiftly sold their tokens leaving regular investors in the lurch with significant loses.  The case involved popular market makers including ZM Quant, Gotbit, CLS, MyTrade MM, Saitama, and Robo Inu who all provided services to inflate token values on behalf of cryptocurrency companies​.

See:  TD Bank’s CEO Departs Amid $3B Money Laundering Failure

As part of the investigation, 'Operation Token Mirrors' uncovered a range of tokens with the most prominent token targeted with fraudulent activity called Saitama, which had a market value of $7.5 billion at it's peak.  These scams obviously effect individual traders but the entire crypto sector as a whole.

Global Operation with Major Arrests

This was a global sting operation with authorities collaborating across international borders.  To bring these people to court, the FBI collaborated extensively with foreign partners, such as the UK's National Crime Agency and Portugal's Policia Judiciaria.  Arrests were made in Portugal, the United States, and the United Kingdom with several of the defendants now awaiting trial, and four have already entered guilty pleas.

Joshua Levy, Acting U.S. Attorney stressed investor diligence:

"These charges are a stark reminder of how vigilant online investors must be... People considering making investments in the cryptocurrency industry should understand how these scams work so that they can protect themselves.”​.

See:  Regulatory Updates for Crypto Asset Trading Platforms

Conclusion

Operation Token Mirrors clearly demonstrates the increasingly sophisticated tools that the FBI and law enforcement agencies are using to combat fraud in digital times.  Seizing $25 million and making multiple high profile arrests sends a strong message to both bad actors and investors.


NCFA Jan 2018 resizeThe 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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Ex-FTX Exec Ryan Salame Starts 7.5-Year Jail Sentence

Crypto Enforcement | Oct 11, 2024

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Former FTX Executive Ryan Salame Begins 7.5 Year Sentence, Ironically Updating LinkedIn Profile with New "Inmate" Role

Ryan Salame, former co-CEO of FTX Digital Markets, begins his 7.5 years prison sentencing on October 11, 2024 for his role in political campaign finance violations and operating an unregistered money-transmitting company.  Salame submitted a guilty plea in Sept 2023, admitting that he illegally contributed millions of dollars to Republican politicians in the 2020 and 2022 election cycles to gain political influence in Washington D.C..

See:  Court Approves $16.5 Billion FTX Repayment Plan

In addition to jail time, most of Salame's assets including real estate properties and a Porsche sports car have been seized in the process as he was forced to pay $6 million, and another $5 million in restitution leaving him pretty much bankrupt.

Important to note that Salame decided not to testify against Sam Bankman-Fried and refused to assist prosecutors, whereas Caroline Ellison (former CEO of Alameda Research) received a much lighter sentence of 2 years in exchange for cooperating with prosecutors for her role in financial mismanagement that ignited FTX's failure.

Many media outlets reported that ironically (or sadly), Salame had time to update his Linkedin profile with his new role as 'inmate' (full-time) saying:

"I’m happy to share that I’m starting a new position as Inmate at FCI Cumberland!".

See:  Prager Metis Pays $1.95 Million for FTX Auditing Failures

Conclusion

The FTX scandal was one of the largest and most significant in crypto's young history, resulting in prison sentences for some of its senior executives.  Sam Bankman-Friend, former CEO of FTX was found guilty of fraud and conspiracy and received 25 years in jail earlier this year.


NCFA Jan 2018 resizeThe 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 commuacnity 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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IMF Pressuring El Salvador to Limit BTC Exposure

Bitcoin | Oct 7, 2024

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During Funding Negotiations, the International Monetary Fund (IMF) Urges El Salvador to Limit Bitcoin Exposure

In 2021, El Salvador become the first government to declare Bitcoin as a legal currency much to the chagrin of IMF.  Now during fresh funding/debt related discussions, the IMF is urging El Salvador to restrict the usage of crypto and enhance its regulatory framework to limit exposure to Bitcoin.

See:  IMF 9 Point Action Plan for Crypto Asset Treatment: Recommends Against Legal Tender Status

The IMF has been critical of El Salvador's Bitcoin adoption since the start, highlighting risks to financial stability, economic growth, and transparency.  Previously, the IMF called for the full dissolution of the country's bitcoin law to mitigate risks but the IMFs latest transcript press briefing is now urging El Salvador to narrow the law's scope to reduce public exposure to crypto.

Julie Kozack, IMF Director of Communications:

"With respect to the details on bitcoin what we have recommended is a narrowing of the scope of the bitcoin law, strengthening the regulatory framework and oversight of the bitcoin ecosystem, and limiting the public sector exposure to bitcoin."

El Salvador and Bitcoin

As part of its bold efforts to incorporate Bitcoin into its banking system, in November 2022 El Salvador's President Nayib Bukele announced that it would commit to purchasing 1 BTC daily until it becomes unaffordable with fiat currencies.  As of October 7, 2024, according to it's bitcoin office website, El Salvador owns over $376 million in Bitcoin, and according to Cointelegraph, the country was approx $31 million in profit after 3 years of implementing it's crypto banking strategy.

See:  El Salvador Update: ‘Volcano Bonds’, Bitcoin City, Crypto Visa Program

Further, as per Forbes, President Bukele indicated that it would not include fresh debt issuance in its 2025 national budget, hinting that the country is preparing for the prospect of not receiving IMF funding despite the IMF investigating the country's crypto products like its Volcano Bonds.

Having said that, there are ongoing talks between El Salvador and the IMF to help boost productivity, improve governance, and stabilize the economy.

Domestic Perspectives

Crypto advocates in El Salvador feel that the Bitcoin regulation has changed the country's reputation abroad. According to John Dennehy, creator of the educational non-governmental organization Mi Primer Bitcoin, Bitcoin has changed how people throughout the world view El Salvador, dispelling previous myths about its instability and violence. And according to Lina Seiche, the inventor of "Little Hodler" the country has benefited from more investment and tourism since legalizing bitcoin assets.

See:  Tax-Free Bitcoin Zone Proposed by the USABTC

Conclusion

If El Salvador can strike a compromise with the IMF in following some of the IMFs recommended regulations while also keeping its Bitcoin policies in place, it may be a pathway forward while establishing a precedent on the integration of cryptocurrencies with established financial institutions around the world.


NCFA Jan 2018 resizeThe 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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SEC Appeals Ripple Ruling; Veri Token Holders File Complaint

Ripple | Oct 7, 2024

SEC logoSEC Files Notice of Appeal in XRP Case As VeriDAO Token Holders File Complaint Against Acting Crypto Chief

On October 2, 2024, the SEC filed a notice of appeal after judge 2023 ruling by Judge Analisa Torres that Ripple's XRP tokens were considered securities when sold to retail investors.  Adding to the complexity of the discussion in focus, Veri token holders who were also a party in the SEC vs Ripple case have filed a complaint against the SEC (Acting) Chief of the Crypto Asset and Cyber Unit for regulatory overreach and questionable enforcement practices that stifled innovation in the U.S. digital asset market.

Background

In December 2020, the SEC sued Ripple Labs CEO Brad Garlinghouse and co-founder Chris Larsen claiming that XRP was sold as an unregistered security.  After significant a prolonged back and forth case, in 2023 Judge Analisa Torres ruled a mixed outcome saying that XRP was not deemed a security when sold to retail investors (win for crypto industry), yet institutional sales made by the founders of Ripple were in fact an unregistered securities offering.

See:  SEC Enforcement Chief Grewal Leaves to Join Milbank LLP

The recent filing by the SEC on October 2 is an appeal to the courts in attempt to reverse some of the verdict.  While the appeal was predicted by industry, it clouds the potential of a recent application by Bitwise to register an XRP exchange-traded fund (ETF) out of Delaware.

Bar Complaint Against Jorge G. Tenreiro

Crypto advocates have now focused their attention on Jorge G. Tenreiro who played an important role in several enforcement cases including XRP, VERI, and TON projects.  Veri token holders have filed a complaint against Tenreiro who is currently the (Acting) Chief of the SEC's Crypto Asset and Cyber Unit, highlighting misconduct and overreach (i.e., misleading evidence and aggressive tactics) while linking similarities between his acts in the VERI case and the Ripple case.

The crypto community is hoping to have their complaint validated, which would lead to disciplinary action against Tenreiro and a re-examination of previous SEC actions under his oversight.

See:  Inside Federal Securities Laws and Crypto’s Tightrope

Such a result may have significant implications for crypto and how the SEC handles future cases.  You can learn more about the New York bar complaint against Jorge Tenreiro for professional misconduct here.

Outlook

The outcome of the SECs Ripple appeal and bar complaint against the SEC's Jorge G. Tenreiro is of major significance to retail investors, token holders and the entire crypto industry, as the dispute will likely influence crypto in the U.S. and around the globe.


NCFA Jan 2018 resizeThe 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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