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DeFi industry faces regulatory turmoil amid rising scams

September 10, 2024 | Financial Services: House Committee, Standing Committees - House & Senate, Congressional Hearings Compilation, Legislative, Federal


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DeFi industry faces regulatory turmoil amid rising scams
In a recent government meeting, discussions centered on the evolving landscape of decentralized finance (DeFi) and its implications for tax compliance and regulatory oversight. Experts highlighted the responsibility of individuals to assess and pay their tax liabilities, while also noting the potential for software solutions to assist in this process. However, the conversation quickly shifted to the regulatory environment, particularly the contrasting approaches of the Trump and Biden administrations.

Under President Trump, the Financial Crimes Enforcement Network (FinCEN) issued guidance in 2019 that provided clarity for DeFi developers regarding their obligations as money services businesses. This guidance had been followed by the industry until the Biden administration's Department of Justice (DOJ) recently deemed it merely suggestive, leading to confusion and concern among industry stakeholders about compliance and legal standards.

The meeting also addressed the risks associated with DeFi, including the potential for scams and hacks, as exemplified by a recent incident involving a new venture linked to the Trump family. Scammers exploited the launch of World Liberty Financial, resulting in significant financial losses for unsuspecting investors. Lawmakers expressed the need for stronger protections to prevent such fraudulent activities in the DeFi space.

Regulatory challenges were a key focus, with discussions on how entities claiming decentralization often evade compliance. Experts urged regulators to maintain their current strategies while considering the complexities of DeFi governance. The Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) are navigating these issues, particularly in relation to decentralized autonomous organizations and virtual currency mixers.

Overall, the meeting underscored the necessity for clear regulatory frameworks and consumer protections in the rapidly evolving DeFi sector, as lawmakers grapple with the balance between innovation and safeguarding investors.

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