CFTC Still Powerless to Prevent FTX-like Collapses, Chairman Says

At the Financial Markets Quality Conference 2023 held at Georgetown University, Commodity Futures Trading Commission (CFTC) Chairman Rostin Behnam warned that the U.S. regulatory authorities, including the CFTC, are still without the necessary powers to prevent a repeat of a major cryptocurrency market collapse, akin to the recent FTX implosion.

Limited Regulatory Reach in Crypto Markets

At the recent Financial Markets Quality Conference 2023, Commodity Futures Trading Commission Chairman Rostin Behnam highlighted the ongoing limitations faced by U.S. regulators in overseeing the cryptocurrency market. 

Despite the FTX debacle serving as a wake-up call, Behnam stressed that regulatory authorities like the CFTC remain largely powerless to prevent similar incidents in the future due to their restricted jurisdiction over direct crypto asset trades. 

He pointed out that the CFTC’s authority is mostly confined to addressing issues of market manipulation and fraud, rather than offering comprehensive market oversight.

Behnam also touched upon the dichotomy between the CFTC’s and the Securities and Exchange Commission’s (SEC) roles in this sector.

While the CFTC has more control in the realm of crypto derivatives, its influence wanes in the spot market for assets like Bitcoin, where intervention is only viable in instances of fraud or manipulation. 

Meanwhile, SEC Chair Gary Gensler has often classified most crypto tokens as securities, although certain major cryptocurrencies, including Bitcoin and Ethereum, fall outside the SEC’s purview.

Behnam emphasized that these non-security crypto tokens, notably Bitcoin and Ethereum, constitute a significant portion of the crypto market, further complicating the regulatory landscape.

Legislative Gridlock Stalling Crypto Regulation Progress

Since the collapse of FTX, there has been a push among U.S. lawmakers to expand the CFTC jurisdiction to include direct, cash markets in the crypto sector. Efforts to enact crypto market-structure legislation, however, have hit a standstill in Congress. 

One significant bill, gaining approval from House committees, awaits a vote in the full chamber. Yet, this initiative, primarily led by Republicans, faces hurdles in the Democrat-majority Senate.

Behnam noted the challenges these bills are encountering in Congress, describing them as being in a “holding pattern” amid the current legislative climate. He acknowledged the array of pressing issues occupying Congress, which have pushed crypto regulation to the back burner.

Crypto lobbyists had been optimistic about securing a House floor vote for these bills, including one focused on establishing U.S. regulations for stablecoin issuers, before year-end. However, Congress’s focus has largely been on essential matters like federal government funding and resolving internal leadership conflicts. 

The recent replacement of former Speaker Kevin McCarthy (R-Calif.) with Rep. Mike Johnson (R-La.) in the House has further diverted attention from the crypto regulation agenda. This political reshuffling and prioritization of other legislative concerns have significantly slowed the progress of crypto regulation in the U.S.

CFTC’s Stance on Political Betting in Prediction Markets

Behnam delved into the contentious issue of political-outcomes betting in prediction markets, focusing on the agency’s legal dispute with Kalshi, a prediction market platform. The core of this dispute revolves around Kalshi’s election contracts, which the CFTC has opposed. 

The contention lies in determining the societal value and appropriateness of allowing individuals to hedge political risks through contracts that pay off based on specific election outcomes.

Behnam expressed concerns about the implications of the CFTC being involved in policing election-related betting. He pointed out the potential complexities that could arise if allegations of fraud or manipulation were made in an election, regardless of scale.

In such scenarios, if there were futures or derivatives listed on that election, any fraud could impact the valuation of those financial instruments. The CFTC, as a result, could inadvertently find itself in the position of acting as an “election cop.”

The chairman emphasized his reluctance for the CFTC to assume such a role in U.S. elections. His concerns highlight the challenges in regulating emerging financial instruments like prediction market contracts, especially when they intersect with sensitive areas like political outcomes. 

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