CFTC picks yet another fight with the SEC over KuCoin

Here we go again, folks.

It seems like the drama between the United States Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) just got a new episode, and it’s all about KuCoin this time. Caroline Pham from the CFTC threw the first punch by hinting that their latest move on the crypto exchange KuCoin might just be stepping on the SEC’s toes.

Now, if you thought regulatory agencies got along like peas in a pod, this story will set you straight.

Let’s dive into the meat of the matter without beating around the bush. The CFTC, known for keeping an eye on commodity derivatives markets, decided to slap KuCoin with a bunch of charges. They’re talking about violations galore under the Commodity Exchange Act (CEA) and CFTC regulations, tagging alongside criminal charges from the U.S. Justice Department. And yes, all of this happened on the same day, March 26, making it a very bad day at the office for KuCoin.

A Collision Course with the SEC?

Now, Pham from the CFTC isn’t one to mince her words. She pointed out that the CFTC’s recent action might just blur the lines between what’s considered a security and what’s not. According to her, just because you trade derivatives doesn’t mean you own the underlying shares. This distinction is crucial because it’s essentially what separates the CFTC’s playground from the SEC’s.

This isn’t just a spat over who gets to regulate what. It’s a fundamental question about how we understand financial instruments and activities. For decades, the U.S. has had a pretty clear divide between securities and commodities. But now, with the rise of cryptocurrencies, things are getting muddy. Ethereum, for example, has become a bone of contention. Is it a commodity, or is it a security? The CFTC seems to think it’s the former, but if the SEC decides it’s the latter, we could see a significant impact on the crypto market, especially regarding spot Ether exchange-traded fund applications.

KuCoin Stands Its Ground

In the midst of all this regulatory kerfuffle, KuCoin made it clear that it’s business as usual on their end. Despite the allegations, they assured their users that their assets were safe and sound. They even had the nerve to tweet about finding “100x CryptoGems” on their platform, amidst all the legal drama. Talk about being unfazed.

But let’s not forget the serious charges at play here. The co-founders of KuCoin, Chun Gan and Ke Tang, find themselves in hot water with the U.S. SDNY, accused of running an unlicensed money-transmitting business and skirting anti-money laundering laws. The cherry on top? KuCoin’s alleged no-KYC policy, which, according to prosecutors, was key to its growth, enabling over $9 billion of suspicious transactions. It’s like they were saying, “Regulations? Never heard of her.”

From around mid-2019 to mid-2023, KuCoin supposedly offered and executed transactions that should have had them checking in with the CFTC. But, according to the charges, they didn’t bother with IP verification to block U.S. users. This oversight (or deliberate ignorance, depending on how you look at it) has now put them squarely in the sights of U.S. regulators.