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SEC Commissioner Critiques Spot Bitcoin ETF Approval

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Commissioner Crenshaw Raises Concerns about Investor Protection and Market Integrity

SEC Commissioner Caroline A. Crenshaw has expressed her dissent following the SEC's approval of spot bitcoin ETFs. In a letter, she raises serious concerns regarding investor protection and market integrity.

Inconsistency with the SEC's Mandate

Crenshaw argues that the approval of rule changes allowing the listing and trading of bitcoin-based ETPs on national securities exchanges is inconsistent with the SEC's mandate to protect investors and the public interest.

Concerns about Global Spot Markets

The Commissioner's primary concern revolves around the underlying global spot markets for bitcoin, which she believes are vulnerable to fraud and manipulation. She points to examples such as the alleged bitcoin price manipulation by the former CEO of FTX. Crenshaw also cites the recent hacking of an SEC social media account and subsequent false announcement of spot bitcoin ETFs, which led to volatile bitcoin prices, as indicative of potential market manipulation.

Concentration of Bitcoin Ownership

Crenshaw expresses concern about the concentration of bitcoin ownership among spot bitcoin holders. She argues that this leaves bitcoin investors, including spot bitcoin ETP investors, vulnerable to the actions of a few individuals. Analysis shows that mining and holdings of bitcoin are highly concentrated.

Inadequate Oversight and Manipulation

According to Crenshaw, the spot bitcoin markets' susceptibility to manipulation and the lack of adequate oversight make it difficult to conclude that the approved rule changes effectively protect investors.

Inadequate Correlation Analysis

Crenshaw critiques the correlation analysis used to justify the approval of spot bitcoin ETPs. She highlights the significant differences in investor protection between futures and spot bitcoin ETPs, emphasizing the latter's lack of regulation and potential for fraud or manipulation.

Recreation of the Financial System

Crenshaw questions the tendency within the cryptocurrency ecosystem to recreate the existing financial system with less regulation and more risk. She expresses concerns about diverging from the original ideals of Bitcoin as a peer-to-peer, censorship-resistant digital currency. Crenshaw fears that linking Bitcoin too closely to the traditional financial system may not serve the interests of investors but rather inflate the prices of these investment products.

Share your thoughts and opinions about Commissioner Crenshaw's concerns in the comments section below.
CFTC

forbes.com

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