Australian Regulator Secures First Victory in Non-Cash Payment Case Involving Crypto

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As a researcher, I have closely followed the developments in the financial regulatory landscape, particularly as it pertains to cryptocurrencies and digital assets. With my background in law and finance, I find this case involving BPS Financial Pty Ltd (BPS) to be of great interest due to its implications for investor protection and regulatory compliance in the burgeoning digital asset industry.

On Friday, Justice Downes of the Federal Court of Australia upheld the Securities and Investments Commission’s (ASIC) allegations against BPS Financial Pty Ltd (BPS), concluding that the company had engaged in unauthorized activities.

In October 2022, ASIC initiated a legal dispute against BPS over allegations of misrepresenting facts regarding their Qoin Wallet offerings. The Qoin Wallet is a digital payment tool that employs the Qoin token as an alternative currency for transactions. According to ASIC, BPS failed to comply with the Australian Corporations Act by operating without registration under the Australian Financial Services License or authorization from a licensee to provide such services to clients.

The court found that the company had provided false information to consumers regarding the features, registration, and exchange capacities of the Qoin Wallet.

Unveiling  Deceptive Practices

During the Federal Court of Australia hearing, the judge determined that BPS had misled investors regarding Qoin’s functionality. Instead of revealing the truth that the number of Qoin merchants offering goods and services for purchase was decreasing, they gave the impression that it was growing.

According to BPS’s marketing materials, users could trade their Qoin tokens for various other cryptocurrencies and Australian dollars beyond the Qoin Wallet. However, it was discovered in court that prior to November 2021, only BTX Exchange, which was operated by BPS, actually facilitated such exchanges. Contrary to the promotional claims, users were unable to swap their Qoin for alternative cryptocurrencies on this exchange.

The recent court victory by ASIC Chair Joe Longo marks an important milestone since it’s the first decision against a non-cash payment facility using cryptocurrencies. This event underscores the significance of adhering to regulatory requirements and acquiring necessary licenses for crypto service providers, as emphasized by Chair Longo himself.

ASIC Cracks Down on Crypto Firms

The court win highlights ASIC’s persistent actions against unlawful cryptocurrency dealings in Australia, protects investors, and maintains the honesty of financial markets.

Last month, the Australian Securities and Investments Commission (ASIC) initiated lawsuits against three crypto mining companies – NGS Crypto, NGS Digital, and NGS Group – together with their executives Brett Mendham, Ryan Brown, and Mark Ten Caten. The entities were charged with violating federal regulations by advertising blockchain mining packages promising guaranteed returns to Australian investors. ASIC asserted that these investment schemes instigated the shift of funds from regulated superannuation funds to self-managed superannuation funds (SMSFs) before transforming them into cryptocurrency.

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2024-05-03 15:03