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CFTC: Voyager Digital was a fragile house of cards

Newsroom by Newsroom
October 13, 2023
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CFTC’s Criticism of Voyager Digital Highlights Unspoken Perils of Cryptocurrencies

In a recent announcement, the U.S. Commodity Futures Trading Commission (CFTC) levied strong criticism against Voyager Digital. The company was highlighted for alleged vulnerabilities and improper practices that led to the loss of billions of customer funds.

CFTC Charges Against Voyager Digital

The charges brought by the CFTC include deceptive practices, apparent disregard for danger signals and a lack of rigor in preliminary analysis. According to the regulator, these actions led to a major failure towards customers and the loss of their funds.

In particular, the commission criticized Voyager’s approach to the activities of its subsidiary companies. CFTC Commissioner Kristin Johnson, in a statement, said: “It is startling that Voyager did not exercise proper control over the companies in which it was investing its clients’ funds.” These statements were followed by a series of legal actions separately filed by the CFTC and the Federal Trade Commission (FTC) against Voyager’s former CEO, Stephen Ehrlich.

Legal Consequences for Voyager Digital

The legal consequences that Voyager faced appear in the proposed agreement by the FTC, which includes a prohibition of the offer, marketing, or promotion of products or services that could be used to deposit, trade, invest, or withdraw any asset. Following this, Voyager and its affiliates accepted a judgment of $1.65 billion, set to reimburse customers during bankruptcy proceedings.

Potential Implications of CFTC’s Charges

The CFTC Commissioner, Caroline Pham, clarified that the organization will continue to prosecute cryptocurrency companies that abuse customer funds. However, she raised doubts about the CFTC’s competence in monitoring and prosecuting commodity pool operators.

Voyager Digital’s failure is a wake-up call about potential threats in the cryptocurrency landscape. Operators, such as central exchanges, have been able to exploit issues inherited from traditional finance, but without the constraints imposed by years of market creation and user fund custody regulations. This case highlights the importance of proper control and regulation in this sector, where potential conflicts of interest between fund-holding operators and exchanges must be avoided.

The debate on how to define and regulate the various aspects of the cryptocurrency industry is crucial and will likely remain in the spotlight in the near future.

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