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SEC & CFTC issued regulatory clarity

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SEC & CFTC issued regulatory clarity

Disclosure: The views and opinions expressed here belong solely to the author and do not represent the views and opinions of crypto.news’ editorial.

Eight years ago, on April 29, 2018, quoting a crypto industry founder, Dr. Emin Gun Sirer, I wrote about Ethereum’s (ETH) decentralized nature, which qualified ETH as a commodity for US law purposes.

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The regulatory uncertainty, regarding whether ETH [and other digital assets] is classified as securities or commodities, has historically been a primary barrier to institutional capital adoption since it created legal risks, complicated custody, and hampered compliance, causing investors to hold back in investing.

Summary

  • SEC and CFTC issued a joint memorandum formally classifying most decentralized digital assets, including Ethereum, as commodities under US law.
  • The framework shifts oversight toward the CFTC and signals a move away from enforcement-driven regulation toward clearer, principles-based guidance.
  • Regulatory clarity is expected to ease compliance concerns and open the door for greater institutional participation in crypto markets.

Two months after I wrote my article on June 14, 2018, former SEC Director of Corporation Finance William Hinman clarified in a speech that, based on the decentralized nature of the Ethereum network, current offers and sales of Ether (ETH) were not securities transactions. This signaled that ETH functioned more like a commodity than a security, reducing regulatory uncertainty and providing temporary regulatory clarity on its legal classification. 

Nevertheless, in the absence of authoritative regulatory certainty from the SEC or the  Commodity Futures Trading Commission (CFTC), lawsuits challenged whether ETH [and other digital assets] was a regulated security or a commodity.

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Lawsuits in 2023–2024, including actions against KuCoin by the New York Attorney General (NYAG) and SEC actions involving liquid staking providers, highlighted significant regulatory uncertainty regarding whether ETH and staking services constitute securities. While early cases suggested a security classification, subsequent 2025 developments indicated a shift toward treating staking as “ministerial” and not securities, impacting the classification of ETH-related assets.

The SEC & CFTC Issued a Memorandum of Understanding (MOU)

Eight years after I wrote my article concerning the classification of ETH for US law purposes, on March 11, 2026, and the subsequent joint interpretation on March 17, 2026 the SEC and  CFTC finally issued a landmark MOU providing the most comprehensive regulatory clarity for digital assets to date resolving the uncertainty surrounding ETH [and other digital assets], with U.S. regulators formally classifying it as a commodity, overcoming the primary barrier to institutional adoption that existed in 2018. 

The guidance marked a shift from “regulation by enforcement” to a principles-based framework, explicitly stating that most digital assets are not themselves securities.  This provided regulatory clarity, placing these digital assets under the jurisdiction of the CFTC as opposed to the SEC, allowing them to be listed on designated contract markets for derivatives trading.

The CFTC has indicated a willingness to treat tokens as commodities if they are truly decentralized and not managed by a central party. The agencies define a decentralized system as one that “functions and operates autonomously with no person, entity, or group of persons or entities having operational, economic, or voting control”.  The framework acknowledges that tokens initially sold as part of an investment contract (security) can transition into a digital commodity once the network becomes sufficiently decentralized or functional.

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Digital Commodities: Digital assets intrinsically linked to a functional system are commodities, with 16 digital assets classified as commodities that represent a significant shift from previous stances that often treated many of these digital assets as securities.

As of late March 2026, these 16 tokens collectively represent approximately 78% to 80% of the total cryptocurrency market capitalization.  As of early 2026, there are over 37 million unique cryptocurrencies and digital tokens created, according to The Motley Fool.

However, only about 10,000 to 17,000 are considered active or actively tracked on major platforms like CoinGecko, with a high percentage of the total being inactive, scams, or “dead coins”.  The vast majority of this share is held by BTC and ETH, which together account for nearly 70% of the entire market.

The remaining 14 tokens contribute a combined share of roughly 8% to 10%. 

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  1. Bitcoin (BTC)
  2. Ethereum (ETH)
  3. Solana (SOL)
  4. XRP (XRP)
  5. Cardano (ADA)
  6. Chainlink (LINK)
  7. Avalanche (AVAX)
  8. Polkadot (DOT)
  9. Hedera (HBAR)
  10. Litecoin (LTC)
  11. Dogecoin (DOGE)
  12. Shiba Inu (SHIB)
  13. Tezos (XTZ)
  14. Bitcoin Cash (BCH)
  15. Aptos (APT)
  16. Stellar (XLM) 

Based on the MOU, native tokens that are intrinsically linked to a functional, decentralized crypto system—such as those used for “gas” (transaction fees) or governance—generally do not meet the definition of an investment contract under the Howey test and are not securities.

Xin Yan, Co-Founder and CEO of Sign, said, “The global impact of SEC and CFTC instituting a landmark joint regulatory framework is a positive one. It gives a green light to trillions of institutional capital that’s been sitting on the sidelines. I can see a lot of projects moving past the “Wild West” phase.

Digital Collectibles: The MOU issued by the SEC and CFTC significantly impacts the NFT collectible market by creating a “token taxonomy” that generally treats digital collectibles as non-securities. Digital collectibles that are fractionalized (providing fractional ownership in one asset) or structured with an expectation of profit from others’ managerial efforts may still be deemed securities.

The SEC’s 2026 interpretation clarifies that standard creator royalties do not, by themselves, transform a digital collectible into a security. However, if an NFT is marketed with promises of passive income or profits derived from the seller’s ongoing management, it could still be considered part of an investment contract (a security).

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This guidance offers a path to a more stable NFT market.   While the era of speculative profile picture NFT hype has subsided, more NFTs are being listed with a focus on utility, real-world assets (RWAs),  brand engagement,  and sports betting.

Digital Tools: Assets with functional utility, such as membership tokens or digital credentials; these are not securities.

Stablecoins: Payment stablecoins issued under the GENIUS Act are excluded from the definition of a security.   

The Stablecoin market capitalization hit a record $320 billion in March, with FATF’s report quoting Chainalysis flagging that stablecoins accounted for 84% of illicit virtual asset transaction volume in 2025, often involving unhosted wallets and complex laundering techniques designed to obscure fund origins.

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Xin Yan, Co-Founder and CEO of Sign—a Singapore-based firm building sovereign digital currency infrastructure—suggests that the Federal Reserve’s hesitation to issue a Central Bank Digital Currency (CBDC) before 2031, despite 49+ CBDC global pilot projects, creates a scenario where “the Fed is not directly competing with private stablecoins, while the slow U.S. CBDC adoption means U.S. commercial banks maintain control of the financial system rather than being disintermediated by a retail CBDC and continue to dominate the domestic financial market.” Yan argues that “the world is dividing into different camps.”

The CBDC vs. Stablecoin with China pushing its e-CNY (a CBDC) to enhance state control, while the U.S. leans towards pushing stablecoins to maintain dollar dominance”, a move seen as a defense against China’s potential challenge to the US-dominated payment system.

Digital Securities: Tokenized traditional financial instruments; these remain securities regardless of their on-chain format. 

Safe Harbors for Blockchain Activities

The joint interpretation confirms that several foundational activities generally do not involve securities transactions: 

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Protocol Mining: Proof-of-work validation and mining pool participation.

Protocol Staking: Proof-of-stake validation, including custodial and liquid staking, provided service providers act in an administrative capacity.

Wrapping: Depositing assets for one-to-one redeemable tokens across chains.

Airdrops: Distributions where recipients provide no consideration (money or services) in exchange. 

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Coordination of Digital Asset Legislation and its impact on Tokenization 

The regulatory landscape for digital assets in the US has undergone a historic transformation, characterized by the enactment of the GENIUS Act (July 18, 2025) and a landmark joint interpretation and memorandum of understanding (MOU) between the SEC and CFTC.

This shift, supported by the pending CLARITY Act, marks a definitive end to a decade of “turf wars” over digital asset jurisdiction, aims to stabilize markets, and has initiated a “re-onshoring” of crypto activity to the United States which represents the world’s largest cryptocurrency market, commanding roughly 23.6% of global crypto revenue in 2025 and will accelerate tokenization of financial markets. 

Wojciech Kaszycki, CSO of BTCS SA —  (formerly Vakomtek S.A.) is a Polish technology company headquartered in Warsaw, recognized as Europe’s first dedicated Digital Asset Treasury Company (DATCO) — believes “The regulatory clarity provided by the SEC and CFTC is a step in the right direction.   It will speed up tokenization of the global financial markets to allow for fractional ownership of expensive, traditionally restricted world assets like private credit, real estate, and infrastructure to bring liquidity, pricing to illiquid assets. Tokenization will make investing easier, thereby helping more people build long-term financial security and share in economic growth.”

As of early April 2026, the digital asset market is experiencing significant volatility, with Bitcoin trading around $65,000–$69,000 following a “double shock” from Middle East geopolitical tensions and broader risk-asset sell-offs. Amidst this, projects focused on Artificial Intelligence (AI) and Real-World Asset (RWA) tokenization have shown notable resilience, often outperforming the broader market.  Mirroring the world’s largest asset manager, BlackRock CEO Larry Fink’s commitment to tokenized funds positions the technology as the “next generation for markets”.

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In his 2026 Chairman’s Letter to Investors, Larry Fink compared the current state of tokenization to the internet in 1996, arguing that it will fundamentally “update the plumbing” of the global financial system.  Fink argued that tokenization will fundamentally transform TradFi by making investing faster, cheaper, and more accessible, directly impacting how ownership is recorded and traded. 

About the Author:

Selva Ozelli Esq, CPA is an international digital asset legal  expert  and author of Sustainably Investing in Digital Assets Globally.  Her  writings are translated into 45 languages and republished in over 200 global publications.  She is recognized as an expert media/TV commentator on global digital asset regulation, tax and technology matters.

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Disclosure: The views and opinions expressed here belong solely to the author and do not represent the views and opinions of crypto.news’ editorial.

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Second US Warplane Hit Over Iran; Search Ongoing

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Iran strikes Gulf energy network as oil surges past $110

Two U.S. military aircraft were shot down in separate incidents during combat operations over Iran on April 3 — an F-15E Strike Eagle and an A-10 Thunderbolt II — with a search-and-rescue operation still ongoing for one missing crew member as Operation Epic Fury approaches its sixth week.

Summary

  • Iran shot down a U.S. F-15E Strike Eagle on April 3; one of the two crew members was rescued, the other remains unaccounted for
  • An A-10 Thunderbolt II dispatched during the rescue effort was also struck by Iranian fire; the pilot ejected and was subsequently recovered
  • The incidents directly contradict recent U.S. government claims of complete air dominance over Iran, complicating the administration’s public messaging on the war’s progress

U.S. officials confirmed to CBS News that the F-15E Strike Eagle — a two-seat aircraft flown by a pilot and a weapons systems officer — was shot down by Iranian forces. One crew member was rescued by U.S. forces following a combat search-and-rescue mission. The second crew member, a weapons systems officer, remains missing. Images verified by CNN showed low-flying rescue aircraft conducting operations over Khuzestan Province in central Iran.

A rescue helicopter that extracted the surviving pilot was hit by small arms fire during the operation, wounding crew members on board before landing safely. An A-10 Warthog dispatched as part of the search effort was then struck by Iranian fire, forcing its pilot to eject over the Persian Gulf before recovery.

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Iran’s state media posted claims of downing the aircraft and announced a reward for the capture of any “enemy pilot or pilots.” Iran’s Parliament Speaker Mohammad Bagher Ghalibaf mocked the U.S. search effort publicly on X.

A Direct Contradiction

The downing conflicts with statements from President Trump, who said in a prime-time address two days earlier: “They have no anti-aircraft equipment. Their radar is 100% annihilated. We are unstoppable as a military force.” Defense Secretary Pete Hegseth and other officials have repeatedly asserted U.S. air dominance over Iran.

According to Axios, three F-15Es had previously been lost to friendly fire during the conflict. The war has now claimed 13 American lives and wounded 365 service members. Israel separately suspended airstrikes in areas relevant to the ongoing U.S. rescue effort, according to an Israeli official speaking anonymously to the Associated Press.

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Economic Pressure

Iran’s response has escalated alongside the aircraft losses. Tehran has imposed what amounts to a toll system on the Strait of Hormuz, a waterway through which approximately 20% of globally traded oil transits. Missile and drone attacks struck oil, gas, and desalination facilities across the Persian Gulf on Friday. The Federal Reserve Bank of Chicago’s Austan Goolsbee told CBS News that the Iran war risks fueling inflation in a way that could prevent the Fed from cutting rates in 2026.

As analysts warned months ago, Middle East escalation carries supply chain and inflationary consequences that reverberate across all risk assets. Institutional capital flows have already shifted in response to the conflict’s progression, with large asset managers repositioning across both traditional and digital markets as geopolitical uncertainty deepens.

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Terra-born Leap Wallet exits crypto market by May 28

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Terra-born Leap Wallet exits crypto market by May 28

Leap Wallet will shut down its products by May 28, ending a crypto wallet project that began in the Terra ecosystem and later expanded to Cosmos and other chains. 

Summary

  • Leap Wallet will shut down its apps, web platform, exchange tool, and validator service by May 28.
  • Users can still access assets through another wallet using their recovery phrase or private key.
  • Leap began in Terra and expanded into Cosmos after the 2022 collapse changed its path.

The closure affects its browser extension, mobile apps, web app, exchange tool, and validator service.

Leap said on Friday that it plans to sunset its software suite by May 28. The shutdown covers its browser extension, iOS and Android apps, Leap WebApp, Swapfast exchange platform, and Leap Cosmos Hub Validator.

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The team said the decision came after building across multiple networks since 2022. In a post on X, it said, “We started Leap in 2022 to redefine what wallet experiences in crypto mean.” It added that the project later grew across “100+ chains.”

Leap also said the move was difficult for the team. It stated, “This decision was not made lightly,” while adding that it still believes in the long-term future of crypto and the interchain ecosystem.

Leap said noncustodial users will still be able to access their assets after the shutdown. The team explained that users can restore the same wallet address through another wallet by using a recovery phrase or private key.

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The FAQ said there is no need to move assets to a new address. It explained, “There is no need to withdraw or send your assets to a new address,” because importing the recovery phrase or private key will restore access to the same address.

The team also issued a separate notice for Cosmos users who delegated ATOM to Leap’s validator. It asked them to redelegate to another validator if they want to keep earning staking rewards.

Project began in Terra ecosystem

Leap launched in late 2021 with a $50,000 grant from Terraform Labs, the now-defunct firm behind TerraUSD. In early 2022, the project raised a $3.2 million seed round co-led by CoinFund and Pantera Capital.

At the start, Leap positioned itself as a wallet focused on Terra, with tools for staking LUNA, trading, and connecting with applications such as Anchor and Mirror. It aimed to offer a wallet experience similar to what MetaMask built for Ethereum and Phantom built for Solana.

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After the collapse of Terra in 2022, Leap shifted its focus and expanded into the wider Cosmos ecosystem. That move allowed the project to continue as a multi-chain wallet after its original market changed.

The shutdown now closes that chapter for the wallet. While the apps and related services will go offline, users will still retain control of their assets through standard wallet recovery tools supported by other providers.

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Leap Wallet to Shut Down All Products on May 28, 2026

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Brian Armstrong's Bold Prediction: AI Agents Will Soon Dominate Global Financial

TLDR:

  • Leap Wallet will sunset all products, including extensions and mobile apps, on May 28, 2026, across iOS and Android.
  • Users can migrate safely using their recovery phrase, as Leap is non-custodial and assets remain on the blockchain at all times.
  • ATOM delegators staking with Leap’s Cosmos Hub validator must redelegate early due to network unbonding period delays.
  • After the May 28 deadline, all installed Leap apps will stop functioning, though fund recovery via recovery phrase remains fully possible.

Leap Wallet has officially announced that it will discontinue all its products on May 28, 2026. The crypto wallet provider has been active since 2022, serving users across more than 100 blockchain networks.

The shutdown covers extensions, mobile apps, and several associated services. Users are advised to begin migrating their assets to other supported wallets ahead of the deadline.

All core wallet functions will remain available until that date to allow a smooth transition.

Products Scheduled for Discontinuation After the May Deadline

The shutdown affects a broad range of products tied to the Leap ecosystem. These include Leap Wallet browser extensions and mobile versions on iOS and Android.

Compass Wallet, the Leap WebApp, and the Swapfast service are also on the list. Leap Cosmos Hub Validator and Leap Cosmos Snaps will be discontinued as well.

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The team behind Leap shared the news through an official tweet. They noted the wallet was launched to change what crypto wallet experiences could offer users.

Since launch, it expanded to support over 100 chains across multiple ecosystems. The post also reflected the care and responsibility the team felt toward its user base.

In the announcement tweet, the team wrote that the decision to shut down was not made lightly. They added that they continue to believe in the long-term future of the crypto space.

They also extended appreciation to partners and users who supported the product over the years. The message was direct, measured, and absent of any bitterness or blame.

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Until May 28, 2026, all listed products will retain their existing core functionality. Users can still view balances, send tokens, and manage their staking positions.

Exporting recovery phrases and private keys will also remain available throughout this period. No core feature will be removed before the official sunset date arrives.

What Users Must Do Before the Shutdown Date

Users holding assets in Leap Wallet are encouraged to move to another wallet provider. The team recommended Keplr, MetaMask, Phantom, and Rabby as compatible alternatives.

Since Leap is a non-custodial wallet, assets are held on the blockchain and not within the app. This means migration does not require any complex transfer of funds between addresses.

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Any user with a recovery phrase can import it directly into another supported wallet. That process will restore all addresses and balances automatically across compatible chains.

No manual transfers are necessary for this to work correctly. Starting early reduces the risk of delays or missed steps before the deadline.

Those who delegated ATOM to Leap’s Cosmos Hub validator must also take a separate action. They need to redelegate to another validator to keep earning staking rewards.

Network unbonding periods can stretch over several days, so acting promptly matters. A detailed migration guide with full instructions is available at leapwallet.io.

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After May 28, 2026, all Leap products will stop functioning, including already-installed apps. Users who miss the deadline can still recover their funds using their recovery phrase.

Importing it into any compatible wallet will restore full access to holdings. Migration support remains available at support@leapwallet.io until the shutdown date.

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Polymarket Pulls Missing US Pilot Market, Faces Questions Over Rules

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Polymarket Pulls Missing US Pilot Market, Faces Questions Over Rules

Polymarket removed a market tied to the fate of a missing US service member after mounting backlash, saying the listing violated its “integrity standards.”

The controversy erupted after a prediction market appeared asking whether US authorities would confirm the rescue of a pilot reportedly shot down over Iran, with most users (over 60%) betting that they wouldn’t be rescued until Saturday.

US Representative Seth Moulton condemned the market, calling it “disgusting” and expressing concerns over people speculating on the fate of a potentially injured service member. “They could be your neighbor, a friend, a family member. And people are betting on whether or not they’ll be saved,” Moulton wrote.

Representative criticizes Polymarket market. Source: Seth Moulton

In response, Polymarket said it had taken the market down immediately, adding that it should not have been listed and that the company is reviewing how it passed internal safeguards. The platform did not provide further detail on what specific rule had been breached.

Related: Polymarket expands into equities and commodities with Pyth price feeds

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Polymarket under scrutiny over rules

While Polymarket said it took the market down because it did not meet its integrity standards, the platform did not specify which rule had been violated, prompting further scrutiny from users.

“I’m looking at the “Market Integrity” page, and I checked the TOS, and I don’t see which prohibition is relevant here,” Jack Newsham, a correspondent on Business Insider’s national desk, wrote on X.

As Cointelegraph reported, Polymarket has seen a sharp rise in fees and revenue after expanding its fee model on March 30, with daily fees jumping from about $363,000 to over $1 million and revenue nearing $1 million at its peak. The increase follows broader taker fees across categories like finance, politics and tech, as the platform ramps up monetization.

Related: Crypto VC Paradigm is developing a prediction market terminal: Fortune

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Insider trading concerns rise on prediction markets

There have also been growing concerns about insider trading on prediction markets. Last month, it was reported that a group of traders made about $1 million by correctly betting on the timing of US strikes on Iran, with some placing trades just hours before the attacks. The activity, which involved newly created wallets focused almost entirely on strike-related bets, raised insider trading suspicions.

To address these concerns, at least 42 Democratic lawmakers have urged the US Commodity Futures Trading Commission and the Office of Government Ethics to warn federal employees against using non-public information to trade on prediction markets.

Big Questions: Is China hoarding gold so yuan becomes global reserve instead of USD?