General

In this exclusive interview, we speak with Debra Brookes, a distinguished former Deputy Virtual Currency Chief at the New York State Department of Financial Services (NYDFS) and now an advisor at Merkle Science. With a twenty-year career in cryptocurrency regulation, financial fraud prevention, and white-collar criminal enforcement, Debra has been instrumental in overseeing over 30 cryptocurrency-licensed entities and securing significant compliance achievements. Her expertise in navigating the complex regulatory landscape makes her a vital asset to Merkle Science's mission to enhance safety and integrity in the crypto industry.

In this exclusive interview, we sit down with Charles Rettig, former IRS Commissioner and current advisor at Merkle Science, to discuss his unique perspective on regulatory and compliance matters within the cryptocurrency industry. With a distinguished background in tax and financial investigations, Rettig shares insights on enhancing security, anticipating future trends in crypto regulation, and how Merkle Science can support global compliance efforts. Rettig's expertise highlights the importance of public awareness, evolving regulations, and technological advancements in creating a safer and more compliant cryptocurrency ecosystem.

On April 17, 2024, U.S. Senators Cynthia Lummis (R-WY) and Kirsten Gillibrand (D-NY) introduced the bipartisan Lummis-Gillibrand Payment Stablecoin Act. This landmark legislation aims to create a comprehensive regulatory framework for payment stablecoins, balancing innovation with consumer protection and ensuring the U.S. maintains its leadership in the global financial landscape. In this article, we’ll provide a detailed overview of the Lummis-Gillibrand Act, its significance, and its potential impact on various stakeholders. Readers will gain an understanding of the key provisions, the importance of the Act, and its implications for the world of regulation and compliance.

In response to the growing prominence of stablecoins and their potential impact on financial systems, the Financial Services and the Treasury Bureau (FSTB) and the Hong Kong Monetary Authority (HKMA) have introduced a comprehensive regulatory proposal for stablecoin issuers in Hong Kong. 

To briefly answer the titular question, while crypto has been used for sanctions evasion, it is increasingly challenging due to the inherent transparency of blockchain technology. Blockchain's digital trail allows for the detection and tracing of illicit activities, making it a less attractive option for those seeking to evade sanctions.

The Financial Action Task Force (FATF) has been instrumental in setting global standards for Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT). With the rapid growth of virtual assets (VAs) and virtual asset service providers (VASPs), ensuring these entities comply with stringent AML/CFT requirements has become a priority. In October 2018, FATF updated its Recommendation 15 to include VAs and VASPs, and in June 2019, an Interpretive Note was adopted to further clarify these requirements. This article examines the progress and challenges in implementing these standards across 130 jurisdictions, as highlighted in the FATF's targeted update released in July 2024.

The rise of decentralized finance (DeFi) presents new challenges and opportunities for the application and adaptation of the Bank Secrecy Act (BSA). DeFi’s promise of democratized access to financial services, combined with its inherent complexity, necessitates a reevaluation of existing regulatory frameworks. This is essential to ensure effective oversight without stifling innovation. The key question is: Can anti-money laundering (AML) regulatory regimes adapt to include DeFi, or can the DeFi space adapt to meet regulatory requirements? The answer likely lies somewhere in the middle, often viewed as a compromise.

On June 20, 2024, Merkle Science hosted a three-hour crash course in Crypto Compliance. The full video can be watched on-demand here. 

In the ever-evolving world of blockchain and crypto assets, one of the latest hot topics is crypto "mixers” (or “tumblers”). Mixers have been the subject of intense debate: Are they heroes of privacy or villains enabling financial crime? Are mixers merely open-source, decentralized code, or are they tools for criminals and bad actors to launder illicit funds? The truth likely lies somewhere in between.

The interplay between MiCAR (Markets in Crypto-Assets Regulation) and MiFID II (Markets in Financial Instruments Directive II) is crucial for understanding the regulatory treatment of crypto assets and crypto asset services in the European Union. This article examines the roles and interactions of MiCAR and MiFID II, particularly in the classification of crypto-assets and how firms already authorized under MiFID II can leverage their existing authorizations to offer crypto-asset services in the EU. Finally, it provides a concise comparative analysis of MiCAR and MiFID II with other global regulatory frameworks.