CFTC Lawsuit Against Ooki DAO, $250,000 Settlement with bZx Creates New Precedents
The lawsuit and settlement suggest the use of governance tokens for decision-making in a Defi protocol doesn’t make it immune
The US Commodity Futures Trading Commission (CFTC) is an independent federal agency that was established back in 1974 by the Commodity Futures Trading Commission Act. It regulates the commodity futures, as well as the options market. The goal is to protect investors against market manipulation, fraud, and abusive trade practices, while also promoting competitive and efficient trading.
There has been a serious debate regarding the nature of cryptocurrencies and whether or not they can be classified as commodities or securities, or even currencies, in general. Bitcoin, for example, was deemed a commodity by the CFTC back in 2015. Hence, those who operate with it would have to abide by the regulations set forth toward commodities.
In December 2019, the Chairman of the CFTC also said that Ether (ETH) is a commodity and, as such, falls within the jurisdiction of the CFTC.
Regarding other cryptocurrencies, it depends on their structure, intended use, and designation. As such, some of them may be considered securities and to fall within the department of the Securities and Exchange Commission (SEC), which posts a whole different set of rules.
The lawsuit and settlement suggest the use of governance tokens for decision-making in a Defi protocol doesn’t make it immune
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Bitcoin is the only true commodity, while the rest of the cryptocurrencies are proven securities, argued the BTC bull.
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