Karsten Wenzlaff, Advisor
August 26th, 2025
Enforcement News | Feb 29, 2024

Image from Gemini blog
The New York State Department of Financial Services (NYDFS) has announced an agreement with Gemini Trust Company, LLC, mandating the return of at least $1.1 billion to customers of its Earn program. This decision follows the discovery of compliance failures and the mishandling of a partnership with Genesis Global Capital, LLC (GGC), which led to substantial customer losses. The settlement includes a $37 million fine and outlines Gemini's commitment to rectify the situation through the bankruptcy proceedings of GGC.
In a blog post from Team Gemini said, "This settlement, pending Bankruptcy Court approval, promises the return of 100% of digital assets to Earn users, including any appreciation since the assets were lent. Gemini expects to return over $1.8 billion in today's value, with users receiving approximately 97% of their assets in kind within about two months and the remainder within the next 12 months.
Gemini also acknowledges the New York Department of Financial Services' role in reaching this settlement and commits an additional $40 million to aid users' recovery, emphasizing their dedication to customer asset security and appreciation for users' patience throughout the process."
The NYDFS's action against Gemini Trust Company, LLC, culminating in a $1.1 billion customer reimbursement plan is another cautious warning to other platforms regarding the importance of compliance, due diligence, and the protection of consumer assets. This development is expected to influence future regulatory frameworks and operational standards within the digital asset market, aiming to foster a safer and more reliable trading environment for investors.
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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News | Feb 27, 2024

Titled "The CBDC Anti-Surveillance State Act," the bill reflects deep concerns over privacy and the potential for government overreach into citizens' financial transactions. There is a growing political divide over digital currency policy and its implications for personal freedom and national sovereignty.
The introduction of anti-CBDC legislation by Republican senators highlights the complex interplay between innovation, privacy, and governance in the digital age.
As countries around the world advance their CBDC initiatives, the U.S. faces a decision on how to balance the potential benefits of digital currencies with the imperative to protect individual freedoms. This legislation reflects concerns over privacy and autonomy but also signals the broader geopolitical and economic considerations at play in the global shift towards digital currencies.
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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News | Feb 13, 2024

Image by Drazen Zigic on Freepik
Changpeng Zhao (CZ), the founder of Binance, faces up to 18 months in prison over money laundering charges, according to a recent update. However, a filing by the prosecution indicated that he might face a harsher punishment than initially expected, with the possibility of any sentence up to the statutory maximum of ten years. The court has rescheduled CZ's sentencing which was originally scheduled for February 23 to April 30, 2024, extending the timeline for legal proceedings.
Former U.S. Securities and Exchange Commission official John Reed Stark suggested that Zhao could face a 12–18 month sentence at a minimum security prison under U.S. sentencing guidelines. Nonetheless, Zhao's legal team is expected to request no jail time or an alternative sentence, combining prison time with home detention and probation. Currently, Zhao is out on bail on a $175 million bond and resides in the U.S. awaiting his sentencing.
The specific reasons for the delay have not been publicly disclosed, but such postponements are not uncommon in complex legal cases involving financial regulations and international operations.
The case against Changpeng Zhao is part of a broader trend of increasing regulatory scrutiny on cryptocurrency exchanges and other digital asset service providers. Regulators worldwide are focusing on compliance with anti-money laundering (AML) standards, know your customer (KYC) procedures, and other regulatory mandates to ensure the integrity and stability of financial markets. The postponement and eventual outcome of CZ's sentencing are of great interest to investors, regulatory bodies, and other market participants.
While the exact details of the potential punishment remain speculative until the court's final decision, the charges against Zhao could lead to significant legal repercussions and stiffer sentence. These may include hefty fines and possibly restrictions on his and Binance's operations, depending on the nature of the violations and the court's final judgment.
This delay in sentencing allows for further speculation and preparation among stakeholders within the cryptocurrency industry. The outcome of this case could set important precedents for how digital asset companies operate and are regulated on a global scale.
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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Regulation | Feb 8, 2024

Image by Freepik
The U.S. Securities and Exchange Commission (SEC) has adopted new rules broadening the definition of a 'dealer,' which could now encompass significant participants in the decentralized finance (DeFi) sector. This regulatory shift mandates entities engaging in liquidity-providing roles to register as dealers, aligning with efforts to bolster market transparency, integrity, and investor safety. The move has sparked a mix of support and criticism, highlighting its potential wide-reaching implications.
Commissioner Peirce expresses her inability to support the final rule, criticizing it for perpetuating the proposal's fundamental flaw and for being inconsistent with the statutory framework. She believes the rule will distort market behavior and degrade market quality.
The rule is seen as turning traders, many of whom are customers, into dealers, which runs counter to the statute as interpreted by the Commission and market participants for decades. Peirce argues that this obliterates the long-standing dealer-trader distinction.
Peirce warns that the rule penalizes liquidity provision, potentially leading to reduced market liquidity and driving competitors out of the markets. She highlights the rule's costly and ill-fitting regulatory regime for liquidity-providing market participants, which could deter them from activities that contribute positively to market liquidity. She suggests that the rule could lead to a more concentrated and homogenous group of liquidity providers, making both these firms and the market more fragile.
The rule's broad application could force entities that do not have characteristics of dealers under the current understanding to register as dealers. This includes entities executing common trading, investing, and risk management strategies that incidentally provide significant liquidity to the market.
After the new rules were adopted, Commissioner Uyeda expressed a dissenting view, criticizing them for being unclear and problematic. He pointed out that the rules fail to clearly define dealer status, leading to potential broader interpretations beyond the Treasury market.
Commissioner Mark Uyeda disagrees with the decision:
“The lack of any limiting principle creates the potential for arbitrary and capricious government action. Further, today’s action may reduce liquidity in the Treasury markets, make them more volatile, reduce the number of liquidity providers, and increase debt costs to taxpayers.”
By bringing more market participants under its regulatory umbrella, the SEC aims to enhance market integrity and protect investors. However, this move raises important questions about the balance between regulation and innovation, the practicality of compliance for decentralized entities, and the future of liquidity provision in the markets.
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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Digital Assets | Release | Feb 8, 2024

Image by Freepik
Prometheum Inc. officially announced the launch of custodial services for Ethereum's ether (ETH) token, on February 7, 2024, as a direct result of Prometheum's subsidiary, Prometheum Capital LLC, receiving approval from the Financial Industry Regulatory Authority (FINRA) as a Special Purpose Broker-Dealer (SPBD). This approval allows the firm to custody, clear, and settle digital asset securities, setting a new precedent for the digital asset sector in a manner that complies with U.S. financial regulations. This approval is a big deal because it shows that Prometheum is operating within the legal framework set by regulatory bodies, which is not always common in the crypto space.
This development, while seen as a pioneering effort to bridge the gap between traditional finance and the burgeoning world of cryptocurrencies, has also raised eyebrows and sparked debates across the industry about the classification of Ethereum as a security or a commodity. A clear stance from the Securities and Exchange Commission (SEC) on this matter, prompted by Prometheum's custodial services, could provide much-needed regulatory clarity for the industry.
Critics argue that by potentially classifying Ethereum as a security, Prometheum's actions could impose stringent regulatory burdens on the broader crypto industry, stifling innovation and limiting the decentralized ethos that cryptocurrencies were built upon. There is a fear that such a move could lead to increased regulatory scrutiny on other cryptocurrencies, altering the landscape of the crypto market in unpredictable ways.
The controversy also stems from concerns about the centralization of custodial services. By holding investors' digital assets, custodial services like those offered by Prometheum could concentrate power and control, moving away from the decentralized model that many in the crypto community advocate for.
Prometheum's launch of Ethereum custodial services is a watershed moment for the crypto industry. As the industry grapples with related issues, the launch could set important precedents for the future of cryptocurrency regulation and adoption. For stakeholders in the crypto and financial sectors, including members of the National Crowdfunding & Fintech Association (NCFA) of Canada, this development serves as a reminder of the challenges and opportunities that lie ahead.
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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News | Feb 6, 2024

Image: Unsplah/Robert Linder
Conifex Timber Inc., a forestry company that ventured into cryptocurrency mining, faced a setback in its efforts to secure a substantial power supply from BC Hydro for its operations. The B.C. Supreme Court, led by Justice Michael Tammen, upheld the provincial government's decision to temporarily halt new power connections for cryptocurrency miners, a policy introduced in December 2022 to last for 18 months. This decision was deemed "reasonable," reflecting a cautious approach towards the allocation of the province's electrical resources.
Cryptocurrency mining, known for its intensive energy consumption due to the continuous operation of high-powered computers, has been a topic of debate regarding its economic benefits versus environmental impact. BC Hydro's CEO, Christopher O’Riley, highlighted the enormity of the power demand by revealing that the data centers proposed by Conifex would have required 2.5 million megawatt-hours of electricity annually, an amount sufficient to power over 570,000 apartments. This revelation brings to light the significant energy footprint associated with such operations, raising questions about the sustainability of large-scale cryptocurrency mining.
The Energy Minister, Josie Osborne, pointed out that despite the high energy consumption, cryptocurrency mining contributes "very few jobs" to the local economy, suggesting a misalignment with broader economic development goals.
Conifex's response to the court's decision was one of disappointment, with the company expressing its belief in the missed opportunities for the provincial government to enhance energy affordability, foster technological innovation, and achieve more inclusive economic growth.
The issue utility providers worldwide must address is the challenge of balancing the power demand from cryptocurrency mining with the goals of clean energy and electrification, especially as the adoption of electric vehicles and heat pumps increases. The global context of cryptocurrency mining, with moratoriums in places like China, Algeria, and some U.S. states, has led to a surge in demand for power in regions like British Columbia, further complicating the energy landscape.
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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UK Digital Sandbox | Feb 6, 2024

Image by fullvector on Freepik
The Financial Services and Markets Act 2023 (Digital Securities Sandbox) Regulations 2023, which came into effect on January 8, 2024 and introduces the UK's first digital securities sandbox, allowing firms to explore new technologies within a flexible legislative framework. The move is a clear signal of the UK's ambition to modernize its financial market infrastructure through digital asset technology, with a particular emphasis on distributed ledger technology (DLT).
DLT is at the heart of this legislative innovation. Its decentralized nature offers a transformative potential for the operation of central securities depositories and trading venues. By enabling direct ownership of investments and bypassing intermediaries, DLT could significantly enhance transparency and efficiency in the financial markets.
The technology promises round-the-clock operations, near-instantaneous settlement, and the potential for new models of shareholding, trading, and settlement services.
The implementation of the digital securities sandbox necessitates a series of legal and regulatory adjustments to ensure that digital transactions are recognized and facilitated within the UK's legal framework, addressing potential issues such as the registration of transfers and the maintenance of company records on a distributed ledger. Key areas of focus include amendments to:
The sandbox is open to UK-established entities that meet specific eligibility criteria set out in the Financial Services and Markets Act 2023 (Digital Securities Sandbox) Regulations 2023. These entities include, but are not limited to, financial services firms, technology companies, and other organizations that are exploring innovative financial products, services, or business models that utilize digital securities and DLT.
The sandbox offers a unique opportunity for firms to explore and develop innovative digital securities solutions within a supportive regulatory environment. By participating in the program, firms can contribute to the evolution of the UK's financial market infrastructure and potentially set precedents for future regulatory frameworks in the fintech sector.
The UK's digital securities sandbox offers valuable insights for Canada and the global fintech community. For Canadian fintech, this initiative serves as a model for how regulatory frameworks can evolve to support technological advancements while ensuring market stability. While there are a number of sandbox programs across Canada, in the past industry experts have lamented that regulators are simply pushing interested parties to existing registration categories without being a full service digital sandbox that allows companies to 'test novel innovations' wholeheartedly with the support of regulators. Perhaps the closest sandbox to the above definition is Alberta's Bill 13. The Canadian Securities Administrators host the Financial Innovation Hub where you can learn more and reach out directly. All of this highlights the importance of creating a conducive environment for testing and integrating new technologies like DLT.
Globally, the UK's approach underscores the need for international cooperation and the harmonization of legal and regulatory frameworks to facilitate the adoption of DLT and other fintech innovations. As financial markets become increasingly interconnected, establishing common standards and practices will be crucial for the seamless integration of new technologies across jurisdictions.
The sandbox is set to operate for five years, until January 8, 2029, managed by the Financial Conduct Authority and the Bank of England.
This period will allow firms and regulators to collaboratively explore the capabilities and implications of DLT and other digital asset technologies within a controlled environment. The flexibility of the sandbox framework, coupled with the potential for HM Treasury to create further sandboxes with different configurations, opens the door to continuous innovation and adaptation in the UK's legal framework to accommodate emerging technologies.
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


