Welcome to The Node. This is Daniel Kuhn and Prachi Vashisht, here to take you through the latest in crypto news and why it matters. In today’s newsletter:
On Thursday, New York State Attorney General Letitia James filed a lawsuit against crypto exchange KuCoin, alleging it violated securities law by offering tokens that met the definition of securities without registering with state regulators. Most importantly, the suit argues Ethereum’s native token ETH is a security because its value depends on the efforts of others, including co-founder Vitalik Buterin. Elsewhere, the U.S. Department of Justice filed an appeal on Thursday challenging the recent decision to allow Binance.US to acquire $1 billion worth of assets from the bankrupt crypto brokerage Voyager Digital. Meanwhile, Voyager is swapping its crypto holdings for the USDC stablecoin amid its restructuring process – and has around $271.5 million remaining to liquidate, reports Arkham Intelligence. Finally, the U.S. Treasury Department has proposed a 30% phased-in excise tax based on the cost of powering crypto mining facilities.
The Brighter Side
Decentralized proof-of-stake ledger Hedera has temporarily shut down services after experiencing “network irregularities,” fueling rumors on social media about a potential hack, with some cautioning to remove any funds on the platform. Speaking of hacks, the Tender.fi hacker returned $1.6 million stolen from the decentralized finance protocol Tuesday in exchange for a bug bounty of 62.15 ETH ($85,000). In other news, Meta Platforms, the company formerly known as Facebook, is working on a Twitter-like decentralized text-based app. Code-named P92, the project is still under development and will allow users to log on using their Instagram credentials. Finally, Starbucks’ Web3 loyalty program Starbucks Odyssey released its first limited edition NFTs called Stamps. The program is still in invitation-only beta.
Some Operations
In a letter sent to U.S. regulators on Thursday, four Republican senators said the increasing regulatory crackdown on crypto banking is “punishing an entire industry.” The letter pointed to “Operation Choke Point” during the Obama administration in which the Department of Justice stymied banks from doing business with legal but unfavorable businesses such as gun vendors. Elsewhere, Bernstein analysts said DeFi has a convincing shot at replacing banks. JPMorgan, however, has a grim assessment of the collapse of Silvergate and its intra-bank exchange network, saying that replacing SEN will be a challenging task given the “general unwillingness of traditional banks to engage with crypto companies after the FTX collapse and high regulatory pressures,” in a new report.
Sound Bites
“I just don’t see how ETH is a security.”
– Penn State law professor Tonya Evans, on CoinDesk TV’s “First Mover”
The Takeaway: A Tale of 2 Banks
This week has seen major trouble for financial institutions tied to innovative and forward-looking sectors of the economy. Silvergate Capital, a holding company for a bank that since 2016 had bet big on servicing the emerging crypto economy, announced Thursday that it will wind down bank operations. Silicon Valley Bank (SVB), which has long played a similar role managing money for venture capital-funded startups, is facing major market skepticism, with its stock paused after a 60% or more drop in pre-market trading Friday.
In broad strokes, both banks have been confronting the same challenge: classic bank runs. Their customers, whether crypto exchanges or tech startups, are facing broad business challenges thanks, in part, to economic and financial conditions. That has led to declining deposits and rising cash withdrawals at a time when a lot of the banks’ long-dated non-cash holdings were also being battered by the markets.
That meant when cash demands got high enough, Silvergate and Silicon Valley Bank had to sell those backing assets at substantial losses. Silvergate announced a $1 billion loss on the sale of assets in the fourth quarter of last year, while Silicon Valley Bank (with a larger overall balance sheet) also lost $1.8 billion while liquidating assets. In both cases, importantly, U.S. Treasury bonds made up large portions of the money-losing liquidations.
There are two upstream sources for these problems: Real business cycle issues, and Federal Reserve interest rate tightening. Those factors are also interrelated, and essentially go back to COVID-driven disruptions.
Fed rate hikes are the most immediate pressure that crushed Silvergate and are in the process of cracking SVB. I’ve been making a conventional warning in this space for going on a year: Rising yields on U.S. Treasurys would crowd out new investments in high-risk sectors including tech and crypto. Both banks saw massive inflows through 2020 and early 2021. Silicon Valley Bank’s balance sheet tripled between the end of 2019 and March 2021. Silvergate’s assets also grew massively in 2021.
But rising interest rates present another, seemingly widely overlooked threat to banks’ stability. As the Wall Street Journal explains in bracingly simple terms, the issuance of new Treasury bonds with higher yields has lowered the market value of pre-hike bonds with lower yields. Most banks hold large amounts of Treasurys as legally required collateral, meaning the same risk that hit Silvergate and Silicon Valley Bank applies to some degree to a whole lot of banks. That’s one reason bank stocks, particularly regional or mid-sized banks, are tanking across the board this morning.
But Silvergate and Silicon Valley Bank also faced specific business cycle issues that may not apply more broadly. Both catered to sectors – crypto and venture-funded tech firms, respectively – that saw huge runups in the early stages of the COVID-19 pandemic. Both sectors benefited from COVID lockdowns, and crypto in particular benefited from the pandemic relief checks sent to Americans.
Some (particularly bitcoiners) will be tempted to blame the Fed for hiking rates, but that’s a genuinely necessary measure to rein in inflation. That inflation, in turn, was the result of both real cost rises linked to COVID-19, and a money supply significantly expanded by COVID relief and bailout policies. The net cost and benefit of those policies will take years to fully reckon with, but an anti-Fed critique at this moment is at best reductive.
On the other hand, it will be tempting for many in the mainstream to blame the cryptocurrency sector itself for the incipient banking crisis. The most obvious evidence for this claim is that Silvergate, “the crypto bank,” fell first. In the coming weeks you may hear it referred to as “the first domino to fall” or some such pablum, but that’s simply not the reality on the ground.
Rather, every bank in America, whether they’re funding server farms or the literal corn and peas variety, is facing many of the same structural pressures. Their root cause is a massive real disruption in the economy – a virus that has killed more than six million people. If there’s one lesson to absorb right now, it’s that fiddling with financial levers can’t entirely smooth over that kind of real-world chaos.
‘Bitcoin Willy Wonka’ Max Keiser now works for El Salvador gov’t (Protos)
Demand for Blockchain Devs Is Soaring—But Not Just in Crypto (Decrypt)
Instadapp Launches ‘Avocado’ Multi-Blockchain Wallet (The Defiant)
Is Crypto To Blame for Silvergate’s Fall? Industry, Politicians Disagree (Blockworks)
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