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Taiwan proposes tougher AML measures for crypto service providers

Taiwan’s Ministry of Justice is pushing for amendments to its Anti-Money Laundering (AML) regulations, targeting virtual asset service providers (VASPs) in a bid to combat fraud and enhance AML measures.

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Taiwan’s Ministry of Justice is pushing for amendments to its Anti-Money Laundering (AML) regulations, targeting virtual asset service providers (VASPs) in a bid to combat fraud and enhance AML measures.

Under the proposed amendments, noncompliant firms could face jail terms of up to two years and fines of up to $1.5 million. These changes, outlined in the “New Four Laws to Combat Fraud” proposed by Taiwan’s Executive Yuan, seek to bolster efforts in cracking down on fraud and tightening regulations surrounding money laundering prevention for crypto service providers.

Key components of the amended regulations include provisions for fraud crime prevention, money laundering prevention, technology investigation and security, and communications security and supervision.

Notably, the proposed amendments introduce stricter penalties for VASPs found in violation of the law. This includes revised registration requirements and restrictions for both domestic and international currency dealers. Failure to comply could result in prison sentences for VASPs operating without proper registration.

Additionally, a new legal category has been established for money laundering offenses linked to third-party payment accounts and virtual asset accounts. Offenders could face jail terms ranging from six months to five years and fines of up to 50 million New Taiwan dollars ($1.5 million) for utilizing third-party accounts for money laundering.

Deputy Minister of Justice, Huang Mou-hsin, emphasized the need for stronger measures, stating that while current provisions allow for administrative penalties against noncompliant cryptocurrency companies, the proposed amendments would criminalize such behavior with significant fines and prison time.

Furthermore, the proposed regulations would require foreign cryptocurrency platforms to establish local entities and seek AML registration to avoid facing criminal penalties.

These proposals come in the wake of Taiwan’s securities regulator announcing plans to propose new laws for digital assets by September, indicating the country’s commitment to enhancing regulatory oversight in the crypto space.

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SEC sends reparations to BitClave ICO investors

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The United States Securities and Exchange Commission (SEC) has announced the distribution of reparations to investors affected by the BitClave Initial Coin Offering (ICO). The development follows a $25.5 million settlement reached in 2020, after the SEC determined that BitClave’s ICO, conducted in 2017, violated securities laws by offering unregistered digital asset securities. The restitution process underscores the regulator’s ongoing commitment to protecting investors in the cryptocurrency market.

BitClave raised $25 million during its ICO by selling its CAT tokens to thousands of investors, promising innovative solutions in blockchain-based consumer data privacy. However, the SEC found that BitClave had misrepresented the project’s potential and failed to register the token sale as required under U.S. law. The settlement required the company to return funds to investors and cease operations, marking a significant enforcement action in the early days of ICO regulation.

Eligible investors will now begin receiving payments through a Fair Fund established by the SEC. This fund, sourced from the penalties and disgorged profits collected from BitClave, aims to return as much of the original investment as possible to affected parties. The SEC has emphasized its commitment to ensuring that wronged investors are compensated promptly and transparently.

The case highlights the regulatory challenges surrounding ICOs, which have often operated in a gray area of securities law. While the ICO boom of 2017 has since subsided, the SEC continues to pursue enforcement actions against projects that flout legal requirements. The BitClave resolution serves as a reminder for blockchain companies to comply with securities regulations and for investors to exercise due diligence in evaluating digital asset offerings.

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FTX co-founder Gary Wang sentenced to time served

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Gary Wang, co-founder and former chief technology officer of FTX, has been sentenced to time served for his role in the cryptocurrency exchange’s collapse. The sentencing, delivered on Nov. 20, follows Wang’s extensive cooperation with federal prosecutors during their investigation into one of the largest fraud cases in crypto history. He also received a $200 fine and will face supervised release for an unspecified period.

Wang, who pleaded guilty to multiple charges of fraud in December 2022, admitted to knowingly misusing customer funds alongside FTX’s founder, Sam Bankman-Fried. Prosecutors credited Wang for providing crucial evidence that supported their case against Bankman-Fried, who was convicted earlier this month on seven counts of fraud and conspiracy. Wang’s cooperation was described as pivotal in unraveling the complexities of the FTX scandal.

Despite his cooperation, Wang expressed remorse for his actions during the sentencing hearing, acknowledging the harm caused to FTX’s customers and investors. The court took his remorse and assistance into account, resulting in the relatively lenient sentence. Legal experts noted that Wang’s collaboration likely spared him a much harsher punishment, which could have included several years in prison.

The fallout from FTX’s collapse continues to ripple through the cryptocurrency industry, with investigations and lawsuits targeting other executives and entities involved in the exchange. Wang’s sentencing marks a significant milestone in the legal proceedings, shedding light on the inner workings of the fraudulent scheme. As regulators and lawmakers push for stricter oversight, the case serves as a stark reminder of the risks associated with poorly governed crypto platforms.

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Japan passes stimulus package, commits to crypto tax reform

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Japan’s government has approved a new economic stimulus package that includes significant commitments to cryptocurrency tax reform, signaling its intent to foster innovation in the digital asset space. Announced on Nov. 20, the reforms aim to simplify the tax filing process and reduce barriers for businesses and investors engaged in the crypto industry. This move aligns with Japan’s broader strategy to enhance its position as a global hub for blockchain and Web3 technologies.

A key component of the tax reform is the elimination of year-end tax obligations for unrealized gains on cryptocurrency holdings by companies. This change addresses a longstanding concern among businesses that were previously taxed on crypto assets they held but had not sold, potentially freeing up capital for reinvestment. The new framework is expected to encourage more companies to explore blockchain-based innovations without fear of punitive tax obligations.

In addition to the crypto-specific measures, the stimulus package includes broader initiatives to stabilize Japan’s economy amid global uncertainties. The package outlines increased support for small and medium-sized enterprises, digital transformation projects, and renewable energy investments. Experts view the integration of crypto-friendly policies as a forward-looking step that aligns with Japan’s push to remain competitive in the rapidly evolving global tech landscape.

Japan’s proactive stance on cryptocurrency regulation contrasts with the cautious approaches of many other countries. By reducing tax burdens and fostering a more favorable environment for blockchain development, Japan aims to attract international talent and investment. The reforms are set to take effect in 2024, and industry leaders are optimistic that they will bolster the country’s reputation as a leader in technological innovation.

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