CFTC Chair Declares 70% of Crypto Assets as Commodities

• CFTC Chair Rostin Behnam declares 70% of crypto assets are not securities.
• Behnam advocates for CFTC to have complete oversight of the crypto market.
• A recent court ruling in Illinois supports the CFTC’s view on the classification of Bitcoin and Ethereum as commodities.
• The CFTC has been actively involved in regulating the crypto sector, filing 47 actions in FY 2023.
• Behnam stresses the urgent need for Congressional action to establish a formal regulatory framework for cryptocurrencies.

CFTC Chair Declares 70% of Crypto Assets as Commodities, Urges Congress for Regulatory Control

In a significant development for the cryptocurrency industry, Commodity Futures Trading Commission (CFTC) Chairman Rostin Behnam has declared that 70% of crypto assets are not securities. This announcement comes as the CFTC seeks to increase its jurisdiction over digital assets, with Behnam advocating for the agency to have complete oversight of the crypto market.

During a recent discussion with Senator Roger Marshall, Behnam emphasized the importance of continued collaboration between the SEC and the CFTC. He argued that the CFTC has the expertise and capacity to regulate the crypto market effectively, citing the agency’s active involvement in the sector. In FY 2023, the CFTC brought 47 actions involving conduct related to digital commodities, representing more than 49% of all CFTC actions filed during that period.

A recent court ruling in the Northern District of Illinois has also reinforced the CFTC’s perspective. The court ruled that Bitcoin and Ethereum (ETH) are commodities, and altcoins such as Olympus (OHM) and KlimaDAO (KLIMA) are also commodities under the Commodity Exchange Act.

Behnam’s declaration that 70% of crypto assets are not securities provides crucial relief to the crypto sector, which has been embroiled in regulatory disputes with the US Securities and Exchange Commission (SEC) for years. The CFTC’s push for regulatory control comes at a time when established financial institutions are increasingly involved in the crypto sector, raising concerns about the lack of protective regulations for investors.

The CFTC chairman has urged Congress to grant the agency more authority over digital assets, including domain over the spot cryptocurrency sector. Behnam has stressed the urgent need for Congressional action to establish a formal regulatory framework for cryptocurrencies, as underscored by the 2022 Financial Stability Oversight Council report.

The CFTC’s active role in regulating the crypto sector is evident from its recent actions. In FY 2023, the agency brought 47 actions involving conduct related to digital commodities, representing more than 49% of all CFTC actions filed during that period. This demonstrates the CFTC’s commitment to protecting investors and ensuring the integrity of the crypto market.

However, tensions have arisen between the CFTC and SEC regarding the regulation of crypto assets. Despite the two regulators appearing to see eye-to-eye, the SEC has taken a more aggressive approach to the crypto sector under the leadership of Gary Gensler. The SEC has tossed charges alleging that secondary sales of Binance’s BNB token and BUSD stablecoin constituted the distribution of unregistered digital asset securities, despite allowing charges concerning the primary BNB initial coin offering to move forward.

The court’s ruling designating OHM and KLIMA as commodities also appears to pave the way for the CFTC to expand its jurisdiction over the crypto sector.

In conclusion, the CFTC’s push for regulatory control over 70% of crypto assets as commodities is a significant development for the cryptocurrency industry. As the crypto market continues to grow and evolve, it is essential that regulators establish a formal framework to protect investors and ensure the integrity of the market. The CFTC’s active involvement in regulating the crypto sector demonstrates its commitment to achieving this goal.