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Bithumb administrative lawsuit held for the first time: claims that transfers of less than 1 million Korean won have regulatory gaps

According to South Korean media Digital Asset, the Second Division of the Seoul Administrative Court held its first hearing on October 22 regarding the administrative lawsuit between Bithumb and the Financial Intelligence Unit of Korea (FIU). The FIU determined that between August 28, 2022, and April 3, 2025, Bithumb conducted 45,772 transactions with 18 unreported cryptocurrency operators, and based on this, imposed sanctions, including a partial suspension that restricts new customers from transferring cryptocurrency assets externally for six months.Bithumb stated in court that transactions of 1 million won or more are subject to the "travel rule," and unreported operators have been excluded from the list of optional exchanges, thus the number of violations for this amount range is zero. Transactions below 1 million won were not subject to the travel rule at that time, and the platform had no legal basis to require customers to provide information about the receiving exchange, nor did the regulatory authorities specify a blocking method. Bithumb also mentioned that after integrating the Chainalysis API, only about 2% of the addresses that could not be confirmed were later identified as unreported operators designated by the FIU. If all were blocked, the remaining 98% of normal transactions would be affected, and the platform could also face user claims.Bithumb also believes that the six-month sanction is excessive, effectively equivalent to prohibiting the platform from acquiring new customers. The company also questioned the FIU's criteria for identifying overseas operators and the reasonableness of the basis for the sanctions.

first_img The CFTC submitted two rules, intending to include event contracts in the definition of swaps

According to CoinDesk, the U.S. Commodity Futures Trading Commission (CFTC) has submitted two rules for review to the Office of Management and Budget (OMB). One rule aims to include event contracts within the regulatory definition of swaps, while the other is a "temporary final rule" that seeks to exclude "casino-style gambling products" from the scope of swaps.These two rules were received by the OMB this week, with the document dated September 28. OMB review is typically the last step before rules are submitted for public comment, and the temporary final rule will take effect immediately while allowing for subsequent public input and revisions.This move comes as the CFTC engages in a tug-of-war with multiple states over the nature of prediction markets. Event contracts are typically binary yes-or-no bets on measurable outcomes such as sports events and elections. Last week, the U.S. Sixth Circuit Court of Appeals ruled that Kalshi's sports contracts do not fall under swaps and should be governed by state gambling regulations, while the Eighth Circuit Court of Appeals made a similar ruling; however, the Third Circuit Court of Appeals previously determined that the CFTC has jurisdiction over prediction markets, creating a legal divergence at the federal level. CFTC Chairman Mike Selig believes that the CFTC has exclusive jurisdiction over prediction markets.If event contracts are classified as swaps and not as gambling products, it could weaken the positions of various states in multiple lawsuits against prediction market platforms like Kalshi. The CFTC is legally required to consist of five commissioners, but President Trump has yet to nominate additional commissioners, leaving Selig as the sole commissioner, who is unilaterally advancing regulatory and policy decisions. Additionally, information disclosed by the OMB indicates that the CFTC recently submitted a "pre-rule" focusing on cryptocurrency regulation to the White House.

The U.S. Clarity Act legislative efforts have collapsed, and cryptocurrency regulation is at a standstill

According to CoinDesk, the Clarity Act, aimed at establishing a clear regulatory framework for cryptocurrency in the United States, has been declared a failure after months of intense negotiations. The bill was originally intended to address the definition of digital assets at the federal level, but it failed to reach the final voting process due to fierce interest group conflicts.Multiple sources indicate that the core reason for the legislative collapse lies in complex jurisdictional conflicts and disputes over terms. The CFTC (Commodity Futures Trading Commission) and SEC (Securities and Exchange Commission) are in disagreement over the management rights of certain digital assets, while lawmakers also struggle to reach a consensus on how to define the legal attributes of NFTs, DeFi protocols, and stablecoins. Despite calls from organizations to eliminate market uncertainty through legislation, a key compromise proposal ultimately could not be reached.The Fintech Association and other industry organizations had previously lobbied actively in support of the bill, hoping to establish clear industry standards. With the failure of this legislation, traditional financial institutions on Wall Street and cryptocurrency projects will continue to face legal gray areas, and the industry's compliance process will thus be forced to delay.
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