US Senate committee hearing on FTX fail brings gaps in regulatory authority to light

1 year ago

CFTC seat Rostin Behnam appeared earlier a Senate Agriculture Committee to speech astir however FTX happened and however it could person been prevented.

US Senate committee   proceeding  connected  FTX neglect  brings gaps successful  regulatory authorization  to light

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United States Commodity Futures Trading Commission seat Rostin Behnam told a Senate Agriculture, Nutrition, and Forestry Committee gathering Dec. 1 that his agency’s regulations incorporate “core elements that person served the markets for decades.” But arsenic the fallout from the FTX illness gets sorted out, notable gaps successful existent authorities person travel to light, Behnam and the senators agreed.

Sen. Tina Smith called the FTX illness “shocking, not surprising,” and said that aboriginal crises volition proceed to hap arsenic agelong arsenic regulatory gaps remain. Behnam pointed retired that the Securities and Exchange Commission has the authorization to necessitate basal safeguards beryllium successful place, specified arsenic separation of location and lawsuit wealth and champion execution of concern trades.

“We cognize however to bash this,” Behnam said. Nonetheless, helium had stated successful his opening remarks:

“Invariably, the questions we are each obligated to reply arsenic regulators are: ‘How did you fto this happen?’ and ‘How volition you forestall this from happening again?’ […] Without caller authorization for the CFTC, determination volition stay gaps successful a national regulatory framework, adjacent if different regulators enactment wrong their existing authority.”

Behnam has lobbied for greater authority for his bureau for months. He alluded to alleged conflicts betwixt the CFTC and SEC erstwhile helium dismissed speech of a “power grab.” Interagency practice is not caller and volition continue, Behnam said. Extending CFTC authorization is “about filling a gap.”

“I deliberation the responsibilities would beryllium the same,” betwixt the SEC and CFTC with broad regulation, and CFTC regularisation works good erstwhile it is applicable.

Behnam pointed to crypto derivatives and clearing platform and FTX subsidiary LedgerX arsenic an illustration of palmy CFTC regulation. But, “We astatine the CFTC bash not person the ineligible authorization to inquire astir an unregulated entity,” without a whistleblower, Behnam told Sen. Tommy Tuberville. In addition, Behnam told him:

“We simply bash not person the authorization to registry currency marketplace exchanges […] This is the gap.”

Tuberville besides pointed retired that FTX had precocious governance marks from ratings agencies. Can they beryllium sued, Tuberville asked. Oversight of ratings agencies is different “potential gap,” Behnam replied.

CFTC Chairman Behnam says DCCPA wouldve prevented the FTX collapse.

DCCPA would use to a Bahamian exchange? https://t.co/5RTpBZravM

— Miller (@millercwl) December 1, 2022

Sen. Kristen Gillibrand, co-author of the Responsible Financial Innovation Act with Sen. Cynthia Lummis, told Behnam that determination were “a mates of areas wherever I inactive spot hazard coming ahead.” Mergers and acquisitions were 1 specified area. The CFTC paperwork to initiate the FTX acquisition of LedgerX amounted to “a announcement filing” astatine best, Behnam conceded.

There is besides a question of the interaction of overseas companies connected the United States and U.S entities trading offshore, Gillibrand added.

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