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Financial Services Law Insights and Observations

Senator launches inquiry into crypto exchanges’ consumer protection measures

Federal Issues Digital Assets U.S. Senate Cryptocurrency Consumer Finance Consumer Protection

Federal Issues

On November 28, Senator Ron Wyden (D-OR) sent letters to the six largest cryptocurrency exchanges requesting information about their finances, internal controls, and how customers’ funds are used. The inquiry follows the recent bankruptcy of a major crypto exchange accused of engaging in widespread mismanagement and misusing customers’ funds. Wyden asked the exchanges to respond to a series of questions related to, among other things, (i) the number of subsidiaries that fall under an exchange’s umbrella; (ii) whether customer assets are segregated from corporate or institutional assets; (iii) the treatment of customers’ funds; (iv) safeguards for preventing market manipulation; (v) the use of customer data for proprietary trading purposes; (vi) debt-to-asset and debt-to equity ratios, balance sheets, reserves, and audit procedures; (vii) insurance coverage; and (viii) steps taken by the exchanges to work with other crypto companies to develop protections for investors and customers. Senator Wyden further announced, “As Congress considers much-needed regulations for the crypto industry, I will focus on the clear need for consumer protections along the lines of the assurances that have long existed for customers of banks, credit unions and securities brokers.”