ASIC Seeks to Impose Penalty on This Crypto Firm Since 2022, Court Interferes
The Australian Securities and Investments Commission (ASIC) has filed an appeal against a federal court ruling that absolved cryptocurrency provider Block Earner of paying a penalty for offering unlicensed financial serv...
Archive context
Older archive item. Useful for background and entity history, but not a fresh market-moving signal.
The Australian Securities and Investments Commission (ASIC) has filed an appeal against a federal court ruling that absolved cryptocurrency provider Block Earner of paying a penalty for offering unlicensed financial services related to its digital assets product.
ASIC Appeals Court Decision Relieving Block Earner of Penalty in Crypto Case
The Australian regulator announced on Tuesday that it has appealed the Federal Court's decision and will continue to seek the imposition of a financial penalty. In the past, it had requested AU$350,000.
Interestingly, the Court had previously found that Block Earner engaged in unlicensed financial services and operated an unregistered managed investment scheme from March to November 2022.
Despite acknowledging the seriousness of Block Earner's contraventions, the Court granted relief on June 4, citing among other factors that the company had acted honestly and not carelessly when it offered the Earner product. ASIC has challenged this ruling, filing a Notice of Appeal that outlines the grounds on which it believes the Court erred in granting the relief.
We have appealed the Federal Court’s decision to relieve Block Earner from liability to pay a penalty for contraventions related to its crypto-related Earner product https://t.co/zAzlxNfjqv
— ASIC Media (@asicmedia) June 18, 2024“From the beginning, it was never our intention to break or circumvent the rules," Charlie Karaboga, CEO of Block Earner, commented after the latest Court’s decision. "As a startup, we did everything within our power to comply, including obtaining legal advice and creating a comprehensive risk framework.”
What Now?
Block Earner, an AUSTRAC-registered digital currency exchange that operates without an Australian Financial Services (AFS) license, had faced allegations from ASIC that both its fixed-yield Earner product and its variable-yield Access product constituted financial products requiring a license.
While the Court upheld ASIC's claims regarding the Earner product, it dismissed the allegations related to the Access product. ASIC has confirmed it will not appeal the Court's findings on the Access product.
“Crypto-backed products should be considered financial products that require licensing under the law,” Sarah Court, ASIC's Deputy Chair, commented in February. “Crypto assets are risky, inherently volatile, and complex. ASIC remains concerned that consumers do not fully appreciate the risks associated with products involving crypto-assets.”
The Full Federal Court will hear ASIC's appeal on a date yet to be determined. The outcome could set a precedent for how Australian regulators approach enforcement actions against crypto firms and the standards to which such firms are held in complying with financial services laws.
This article was written by Damian Chmiel at www.financemagnates.com.Why this matters
This mining story adds another data point to the current market tape and is useful when read alongside nearby source coverage.
Original source
Read on Finance MagnatesRelated market context
China Sets 2030 Deadline for National Blockchain Network Despite Sweeping Crypto Ban
Key Takeaways: Under the new 5-year digital strategy, China aims to achieve a national blockchain network which will be largely co...
UNDP And Blockchain For Good Put Public-Service Security Ahead Of New Payment Rails
UNDP and the Blockchain for Good Alliance announced a two-year cybersecurity programme on October 19. The initiative brings a prac...
Netanyahu floats use of blockchain as solution to potential financial sanctions
Ahead of elections, Prime Minister Benjamin Netanyahu said Israel could turn to blockchain and crypto to skirt potential internati...
FCA Proposes Crypto Crime Guidance On Wallet Checks And Blockchain Analytics
TL;DR: The FCA is consulting on updated financial crime guidance for crypto businesses, including customer checks, blockchain anal...
22 Companies Block OKXICE Tokenized Stocks, Putting 63-Share Crypto Plan Under Pressure
Key Takeaways: A total of twenty-two companies have declined to accept tokenization of their shares on the pending OKXICE. Among t...
Chainlink adds 19 integrations across five services and seven chains
Chainlink's expanding integrations enhance cross-chain interoperability and compliance, potentially accelerating institutional blo...