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Nexo founder feels vindicated by the FinCen leak, talks of double-standards

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Nexo co-founder Antoni Trenchev told Cointelegraph that he believes the information revealed during the recent FinCen leak vindicates the crypto industry. According to the leak, the world’s leading financial institutions cleared over $2 trillion “suspicious” transactions — and Deutsche Bank alone cleared over $1.3 trillion of that amount. Trenchev said:

“The first thing I’m feeling is vindication because like everyone has been saying for years, all that Bitcoin and money laundering in the same breath. We’ve been hearing that from regulators, from politicians, from bankers, from just about anyone. And it turns out that the number one choice for money launderers still is the U.S. dollar and still is the incumbent legacy financial system.”

Had such a level of activity come from Coinbase or Nexo, he agreed that law enforcement would have paid them a visit the very next day, saying “Yeah, it’s a terrible double standard.”

Trenchev also emphasized the fact that the only company that was mentioned in the Leak with any cryptocurrency ties was OneCoin, and even that was a stretch, in his opinion:

“Her [Ruja Ignatova, OneCoin founder] project had very little to do with crypto, they didn’t even have a blockchain. This is a classic multilevel marketing Ponzi scheme.”

When it comes to bankers, Trenchev believes that there is little motivation to curtail money laundering and other illicit activities, as the punishment seems to be rather forgiving. In fact, such activities can be highly lucrative:

“It’s called ‘willful blindness’, like where you know there’s something wrong, but you choose to ignore it. <...> And then, second of all, the sanctions are not that bad. When you look at what happened, hardly anyone from the bankers has been prosecuted criminally for money laundering. And the caveat here is also that once you file a suspicious transaction report, this almost gives you immunity from the rule of law,”

Nexo also files “various suspicious activity reports” with relevant regulators around the world. Trenchev said that approximately 4% of Nexo’s transactions get flagged. The company is also forced to comply with the U.S. sanctions and blacklist countries like Iran, Venezuela, and North Korea,

Though it is unclear if the publicity generated by the Leak will lead to investigations and prosecutions, many of the implicated banks were punished by the market.



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Regulation

New York authorizes first Yen stablecoin operator in the US

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New York has given the first authorization to a stablecoin backed by the Japanese Yen to operate in the U.S.

Per a Dec. 29 announcement, the New York Department of Financial Services has granted Japanese firm GMO-Z.com a charter to handle U.S.D. and Yen-backed stablecoins in New York. 

Given New York’s status as a global center, the NYDFS is the most prominent state financial regulator in the U.S. It is also one of the most aggressive. A pass to operate in New York often opens up the rest of the country. 

GMO’s charter is as a limited liability trust company rather than a full bank, the principle difference being in authorization to handle deposits. While a stablecoin operator typically needs the ability to hold reserves of the pegged asset, GMO’s charter limits its rights to hold other kinds of deposits not central to its ability “to issue, administer, and redeem” its stablecoins. 

The right to issue such non-depository charters has been a bone of contention between state regulators like the NYDFS and national banking regulators in the U.S. 

GMO president and CEO Ken Nakamura said: “We’re breaking ground with our move to issue the first regulated JPY-pegged stablecoin, which many see as a safe haven asset.” 

The NYDFS recently made changes to its famous BitLicense, including a conditional format that buddies up newly licensed firms with existing licensees. The first conditional BitLicense went to PayPal, facilitating the launch of its new crypto services earlier this fall with the help of longstanding licensee Paxos.