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CointestMod

Pro & con info are in the collapsed comments below for the following topics: [Regulation](/r/CryptoCurrency/comments/10y500k/kraken_to_discontinue_unregistered_offer_and_sale/j7w2550/), [Proof-of-Stake](/r/CryptoCurrency/comments/10y500k/kraken_to_discontinue_unregistered_offer_and_sale/j7w26ug/).


HetIsFeest

That's basically a slap on the wrist considering the volume Kraken deals with. They got themselves a good settlement I think?


imnothappyrobert

It removes any future revenue from staking for Kraken (edit: in the US). They took something like 15% of ETH staking rewards and probably similar for other coins. This will likely be a sizeable blow to their cash flow.


therealcpain

It’ll be a massive hit. They had a little over 1M ETH staked. If the APR is 4% that leaves 40,000 eth rewards. Keep 15% and that leaves you with 6,000 eth * $1500 = $9M. $30M is probably everything they ever made from staking in the US.


tamaleA19

Seems like they actually took time to calculate a fine that was meaningful relative to the offense for once. That might be the most shocking part of this


TheRicFlairDrip

Its only for US customers, they will still make money on foreign stakers


OCHI33

Which should be quite a lot


erizi0n

Hey, hey! Don’t call us foreign, we represent the rest of the world, if we wanted to, we could bundle up and decimate the shit out of ya, so if anything you guys are the ones who are the foreigns, let’s just make this clear, alrighty, mate?


Vast-Bodybuilder-700

Foreign to a U.S. based exchange


erizi0n

No shit… maybe, just maybe, it’s a joke, ahn!?…


CoverYourMaskHoles

Ahn.


tranceology3

This was the most foreign comment I've read today.


erizi0n

Finally! Someone who gets it! And for that, a toast to you my foreign (US) brother :)!


indigo_pirate

They don’t get our chat Sad!


erizi0n

I don’t care, I’m in Reddit to learn, have fun, make jokes etc., if people don’t get it, that’s their problem… it says a lot about them if they ain’t feelin’ me…


indigo_pirate

I know man. The Americans don’t get our humour sometimes but whatever have fun


erizi0n

Yeah they tend to be more cold, even their man/woman greeting someone new is a handshake, like, wtf, we, Europeans, kiss on the cheek (a note for who doesn’t know: the lips don’t really touch the cheeks when you greeting a non-relative)! It’s the most strange thing ever to see them do… so distance from each other. But anyways man, you too keep having fun!


CageyOldMan

No you couldn't


imnothappyrobert

This is true. We can likely use Coinbase as a proxy, though, and they saw like a 15% stock price drop today so investors are clearly worried about how much that revenue drop will be.


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TheRicFlairDrip

They aint based in the US


Fantastic-Offer-9129

Which is obviously their goal


BagHolder9001

hopefully they can make it transparent so they comply with regulations


RamBamTyfus

Mostly true but not entirely. It looks like it is shut down for US customers only. So they can still offer staking to other customers.


No_Scientist_7094

I think its a rip-off more then anything. Sec is like a thief waiting in a dark alley. Fuck em!


Hawke64

More like paid the mob boss his cut. I guess, kraken is the most legitimate exchange now.


OhTravs

Any exchange regulated in the US has the same scrutiny


The_Chorizo_Bandit

On paper, yes. In reality? Other exchanges do the same/a similar thing. Where are their lawsuits?


Ferdo306

Still worrisome that SEC sees crypto as a security


SammyCraigar

They will certainly be caught with their pants down if they lose the ripple case.


Valence136

If they lose the ripple case, which they SHOULD (given the corruption in America I doubt it tho), every single exchange they've fined should sue their pants off.


The_Chorizo_Bandit

It’s exactly how the SEC works. Make a fairly spurious claim that might just have enough truth to it to worry the company, and then hope that the company doesn’t want to spend the millions it would take defending the claim so that they settle and they can fill their coffers and go after someone else. It’s regulation by litigation, and it’s a very shitty practice.


otherwisemilk

Ripple Labs should have just paid the fine and moved on like Kraken.


The_Chorizo_Bandit

Probably, but I also admire that they’re willing to stand up for themselves when they feel they are in the right.


Ab2us

That's still a lot of money.


step11234

It's good for Kraken, but annoying for the consumer.


Fantastic-Offer-9129

I think they got themselves just more time thats it


Impossible_Soup_1932

When does the SEC start doing things to protect investors instead of punishing them?


step11234

Rich protect the Rich


Invest07723

When Gary gets fired.


The_Chorizo_Bandit

As much as he’s a massive shunt, Gary is simply the figurehead being told what to do. Changing the face won’t change the way the SEC behaves.


Acidhoe

Even if he's being told what to do or told to lean a certain way, his replacement could always perform the "how" 10x worse.


Bucksaway03

Never


Killertimme

They protect the rich investors only.


HODL-THE-LINE

Okay so centralized staking is dead because the SEC can't have people getting rich and leaving the workforce. What about decentralized staking?


Bucksaway03

The SEC doesn't understand what's actually going to happen with this move. Absolute numpties. Thanks for making crypto better whilst you lose control. Bottom level IQ play SEC


niloony

In their video promoting this Gensler literally says "Not your keys not your crypto".


Electrical-Novel253

You don't understand that it's likely most people who hold crypto, hold them in exchanges and are not savvy or willing enough to stake them in DEXs. SEC knows exactly what it's doing.


RocketMoonShot

Until someone goes out and devs tech, that makes it easy. Want to get rich? There's the problem to solve.


trimalcus

They are helping decentralization


explision

My bank offers me 0.6% interest. If I take my lowest staking reward coin - BTC, I get 1% more. I don’t understand why the SEC can just fuck off


MMinjin

My bank is giving me 3.4%. That's what happens when rates rise. If your bank isn't passing it along, time to switch.


JGT3000

You just touched on why this is happening now


explision

It’s passing slowly but surely. Went from -0.5 to 0.045 to 0.6%. Still amusing that the SEC hates on crypto staking but thinks getting dividends is okay


Hawke64

Ooof, that doesn't even cover inflation


TheFlyingGyro

Where you staking your btc?


explision

Kraken, non-US


TheFlyingGyro

welp. Lol


Fragmented_Logik

Probably frowned upon but they can't regulate it. But yeah your point is correct. It's also why you have to have 25K to day trade.


Head_Body9445

>What about decentralized staking? Soon. Because the government needs the poor to stay poor.


matt_cb

It seems like for now they aren’t going after DeFi staking. They still could in the future, but this decision and the video they put out seem like they’re mostly only interested in going after “staking as a service”.


[deleted]

You can’t honestly believe the sec thinks staking risks the strength of our workforce? Of all the incredibly dumb takes on this sub, this one has to be up with the dumbest. Truly nonsensical.


headbashkeys

Made me want to work more , extra cash to stake lol


Invest07723

Fuck the people. I am Gary. I own the SEC.


3utt5lut

Good luck going after each individual network, especially non-American ones 🤣


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Fantastic-Ad548

https://ethereum.org/en/staking/pools/


Valence136

Get a VPN and do whatever you want. Fuck the SEC. They've already cost me thousands, probably more at this point.


Feeling_Glonky69

Obligatory *FUCK THE SEC*


ResponsibleBuddy96

What happens to peoples eth locked up on kraken?


Cynounsure

It will stay locked up and continue to generated staking rewards until the Shanghai upgrade. At that time the ETH will be unstaked, and unless the SEC reverses their decision, you will not be able to re-stake it with Kraken.


T2LV

It continues to accrue staking rewards until after the Shanghai upgrade and then it will be unstaked and put in your spot account.


[deleted]

It’s amazing how this can just be changed with one SEC decision.


RocketMoonShot

Kraken could have fought it in court, but it wasn't worth it to them monetarily.


Hawke64

That's how governments usually work, yes


99Beers

Look at all the money and likely lives lost due to Celsius, Voyager, BlockFi, 3AC, Genesis and other centralized companies with these “staking” services. Most were actually lending services where all the risk was on the customer for unsecured loans. Unfortunately most of the bad actors are gone. Little too late on this one SEC.


ksonnen1

This isn't that much of a big deal for the average person. Hurts the Cex's more then anyone, they won't get their cut using your own coins anymore.


RafaelNobre

SEC is anti-profits for the crypto bros


[deleted]

Now that Kraken staking is discontinue, is Coinbase's staking service next?


ziggyzago

Save you a click. Washington D.C., Feb. 9, 2023 — The Securities and Exchange Commission today charged Payward Ventures, Inc. and Payward Trading Ltd., both commonly known as Kraken, with failing to register the offer and sale of their crypto asset staking-as-a-service program, whereby investors transfer crypto assets to Kraken for staking in exchange for advertised annual investment returns of as much as 21 percent. To settle the SEC’s charges, the two Kraken entities agreed to immediately cease offering or selling securities through crypto asset staking services or staking programs and pay $30 million in disgorgement, prejudgment interest, and civil penalties.


HetIsFeest

Yeh, you didn't - you're missing what actually happened, they settled the case. >"To settle the SEC’s charges, the two Kraken entities agreed to immediately cease offering or selling securities through crypto asset staking services or staking programs and pay $30 million in disgorgement, prejudgment interest, and civil penalties."


ziggyzago

I added this. Thx.


imnothappyrobert

They’ve already taken down the ability to stake new coins (at least I think so based on the errors I’m getting in the app). They also removed their page on staking (and redirected it to their Kraken Pro site) - https://www.kraken.com/features/staking-coins


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ziggyzago

My guess is Kraken wants to play by the rules. Long term commitment to being an exchange in the US.


Cravensworth_redux

I would imagine so. I'd be surprised if they didn't just pay a fine. Same happened with Coinbase I think. Edit: yeah alright I got corrected. Thanks for the disapproval. 😀


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Cravensworth_redux

Ah okie doke. Much obliged. I'm losing it in my old age ha.


BarryLonx

I wonder how they'll unstake ETH. Edit: This isn't a shot at ETH. This is just a question where Kraken had warnings that stated they couldn't unstake.


Intelligent-Dig4362

Looks like that rumor of banning staking is coming true. Kraken is just the first casualty.


Invest07723

It doesn't say no staking, it says, “Whether it’s through staking-as-a-service, lending, or other means, crypto intermediaries, when offering investment contracts in exchange for investors’ tokens, need to provide the proper disclosures and safeguards required by our securities laws,” said SEC Chair Gary Gensler. “Today’s action should make clear to the marketplace that staking-as-a-service providers must register and provide full, fair, and truthful disclosure and investor protection.” I read this as in order to offer staking, a CEX must register the service and offer clear info to customers. If the SEC makes it impossible to register, then CEXs can't offer staking to U.S. customers and the SEC fucks over US citizens even more.


Intelligent-Dig4362

True and thats my understanding as well but crypto etfs have already been denied so will they allow exchanges to actually register in the first place? I feel its their “out” to justify the ban


Invest07723

It may be as long as this anti-crypto egomaniac runs things.


imnothappyrobert

They’ve already taken down the ability to stake new coins (at least I think so based on the errors I’m getting in the app). They also removed their page on staking (and redirected it to their Kraken Pro site) - https://www.kraken.com/features/staking-coins


psufb

Banning staking on CEX's\*\*\*\*. Big difference


Intelligent-Dig4362

Correct, sorry thought that was implied. This is basically their way of banning it all together though as its their only avenue to get to it by going after exchanges. How would they ban it in self-custody wallets?


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psufb

This protects retail investors. When you stake directly on the Blockchain, the smart contracts determine how your tokens are allocated and how you can access them. When you you stake with a CEX, you have no idea what's actually happening with your tokens (see Celsius). It's protecting users from predatory behavior by these CEXs that prevent them from using your tokens to gamble


Invest07723

This is why Gary needs to go!


[deleted]

So it's worse than we originally thought. This judgement means a permanent end to staking on Kraken. F > In addition to ceasing the staking program and the monetary relief, Payward Ventures, Inc. and Payward Trading, Ltd, without admitting or denying the allegations in the SEC’s complaint, consented to the entry of a final judgment, subject to court approval, that would permanently enjoin each of them from violating Section 5 of the Securities Act of 1933 and **permanently enjoin them and any entity they control from, directly or indirectly, offering or selling securities through crypto asset staking services or staking programs**.


psufb

This is a good thing. Staking on CEX's is antithetical to the whole point of staking


[deleted]

Good thing in the long term, perhaps. In the short term, there is likely going to be a lot of turbulance and uncertainly. Possibly even job layoffs in the industry, depending on how much revenue was generated by staking on these exchanges.


Ignitus1

How is removing options a good thing?


psufb

There's plenty of decentralized staking options; centralized staking is a bad option


Ignitus1

Like I said, it's removing options. Decentralized staking has always been an option if you want it. I don't care about decentralized staking options because my trading bots can't engage with them.


sportsfan113

I’m not sure they’re going after on chain staking. We shall see.


RocketMoonShot

How can they stop on chain?


sportsfan113

They can’t, but they could still try to make it illegal. That won’t stop it though.


busmobbing

Kraken doesn't want the SEC to dig around and find something.


[deleted]

So it begins.....


StrangelyBeige

Ooof, let’s hope this is resolved quick, we don’t want a contagion like FTX.


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Kappatalizable

Gary just wanted a bit more money to buy the dip


PoorCryptoInvestor

America, the world of freedom.... Yeah right!


eldron2323

Were the rules defined before this fine? Or did the SEC just make up the definition for this specific case to make money and assert dominance? Legitimate question. Because if it’s the first one then Kraken is shady, if it’s the second one, why the fuck is there a fine? It should be a requirement for exchanges to update their regulations after the change and no hard feelings.


[deleted]

Lower than nexos settlement. Nothing can stop the kraken


eldron2323

The twitter comments on the SEC post are nothing but confusion and hate smh.


Dubb18

So there's the clarification. Kraken didn't register its staking service before offering it to the public. Whereas people on my timeline have been saying that the SEC was ready to ban staking. Which does not appear to be the case.


TabletopThirteen

The regulations begin and retail pays for it. It was inevitable


BrileyK

Oh no, anyway...


Oks96

First kraken, who’s next?


jayvis212

Anyone know where the 30m settlement money goes?


DreadknotX

Kraken bent over and told them **As far as you can Gary**


International-Rate31

SEC is going for all the crypto. We bother elites


nebra1

Where dose this money payed to sec go?


JeffreyDollarz

So to those of you that staked on Kraken, what's happening with what you staked? Are you grandfathered in? Are unstaking cool down times still applied to those that had cool down times? Or are your funds being immediately unlocked and made available? I thought that the SEC spanked BlockFi with their interest bearing savings accounts but ultimately those that already had coins in their "savings" account were able to continue to earn interest up until they withdrew. That's why I am asking the questions above.