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John Reed Stark on a Bitcoin ETF: "Say it Ain’t So Gary..."
Plus analysts and betting markets view Bitcoin ETF as nearly a done deal.
Good morning! Here’s what’s up.
Poll Results
72% of you said you would NOT accept the job of Binance US Chief Compliance Officer if it was offered to you today.
People
David N. Kelley, former U.S. Attorney for the SDNY, has joined O’Melveny as a partner in its New York office.
Linda Fuerst, formerly with Norton Rose Fulbright and also former Senior Enforcement Counsel with the Ontario Securities Commission, is joining Crawley MacKewn Brush LLP as a partner in Toronto. 🍁
Clips ✂️
A Bitcoin Spot ETF: Say it Ain’t So Gary . . .
For crypto: There’s no inherent value. There’s no cash flow. There’s no yield. There’s no employees. There’s no management. There’s no balance sheet. There’s no product. There’s no service. There’s no history of operations. There’s no analytical valuations. There’s no earnings reports. There’s no proven track record of adoption or reliance. There’s no data of any kind except for analytics relating to crypto speculation, which are inherently suspect.
***
There is only one actual proven utility for crypto: crime, such as terrorism, money laundering, sanctions evasion, ransomware attacks, drug dealing, child pornography peddling, human sex trafficking and espionage.
Along the same lines, crypto has two primary beneficiaries: Grifters, who shill crypto to lure in investors, especially if those investors are the downtrodden and Criminals, who exploit the pseudonymity of crypto to orchestrate globally a vast array of devastating crimes and terrorism.
Yet this coming week, amid a horrifically corrupt and criminal global crypto-marketplace and a crypto-ecosystem formulated into a toxic speculative cocktail of mathematical computational blather, affinity fraud and the “Greater Fool Theory,” the SEC will reportedly approve the offering and inception of a Bitcoin Spot-ETF. What a crock.
👉 John Stark goes “all-in” here in his closing argument against a Bitcoin ETF.
Bitcoin ETF Approval Odds Raised to Over 90% at Bloomberg, Drop on Polymarket
Odds of a spot bitcoin (BTC) exchange-traded fund (ETF) being approved in the U.S. have risen to more than 90%, two influential analysts at Bloomberg said, while crypto market participants at betting platform Polymarket became more pessimistic, trimming the odds to 85%.
Referring to the likelihood of the Securities and Exchange Commission (SEC) rejecting proposals after Friday’s flurry of updated filings, Bloomberg ETF analyst Eric Balchunas said in a Saturday post: “I probably go with 5% at this point. But you gotta leave a little window open for these things.” He previously tipped the odds at 90% in November, saying that updated forms at the time indicated providers were moving in the right direction.
Are spot #Bitcoin ETFs a done deal?
The race is already on to compete for market share.
@EricBalchunas & @JSeyff of @BBGIntelligence join me to break down the ETFs, how they will compete, redemption & creation, in-kind vs cash, seeding the ETFs, the SEC's moves, APs and more.… twitter.com/i/web/status/1…— Natalie Brunell ⚡️ (@natbrunell)
1:23 PM • Jan 8, 2024
Damian Williams, the United States Attorney for the Southern District of New York, announced today that JOSEPH DUPONT and SLAVA KAPLAN, a/k/a “Stanley Kaplan,” were sentenced to three years’ probation and five months in prison, respectively, for securities fraud in connection with their participation in an insider trading scheme surrounding the announcement of Alexion Pharmaceutical, Inc.’s acquisition of Portola Pharmaceuticals, Inc. DUPONT and KAPLAN were arrested June 2023 and pled guilty before U.S. District Judge Gregory H. Woods in September 2023.
Ponzi Schemes Hit 7-Year High In 2023
The number of Ponzi scheme discoveries hit a seven-year high in 2023, continuing the sharp increase seen in 2022 and suggesting that regulators will continue to stay busy as the world emerges from the COVID-19 pandemic. The 66 Ponzi schemes uncovered in 2023 are nearly double the amount of schemes uncovered just two years ago in 2021 and nearly 20% higher than the 58 schemes charged last year. The data compiled by Ponzitracker seems to confirm the end of any lingering delays from the COVID-19 pandemic and raises questions about whether the two-year average of over 60 annual Ponzi scheme discoveries is the start of a new trend. The schemes involved nearly $2 billion in potential investor losses. The number of individuals sentenced for their role in Ponzi schemes also remained near multi-year highs in 2023.
Flight attendant: is there a doctor on this flight?
Dad: this could have been you
Me: not now dad
Dad: Not asking for a crypto bro for help now are they?
Me: Dad there’s a medical emergency right now
Dad: go and see if “blockchain fixes this”
— gaut (@0xgaut)
2:31 PM • Jan 7, 2024
I’m not saying it’s going to happen,
but… if the SEC denies all the spot Bitcoin ETFs next week, I might die of laughter.— Ben McKenzie (@ben_mckenzie)
4:54 PM • Jan 5, 2024
JUST IN: Institutions and sovereign wealth funds are waiting for #Bitcoin ETF approval before allocating funds - Kevin O'Leary, SBF apologist
— Bitcoin Archive (@BTC_Archive)
1:14 PM • Jan 5, 2024