CFTC Cracks Down on DeFi: Uniswap Fined for Leveraged Token Trading

• Uniswap Labs settled with the CFTC, paying a $175,000 fine for alleged violations of the Commodity Exchange Act.
• The CFTC’s action emphasizes increased scrutiny on DeFi platforms, raising concerns about innovation and regulatory clarity.
• Commissioner Summer Mersinger criticized the CFTC’s approach, urging the agency to shift from enforcement to clear rulemaking.

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The Commodity Futures Trading Commission ( CFTC ) has settled charges with Uniswap Labs, the company behind the decentralized exchange Uniswap, regarding allegations of illegally offering leveraged retail trading of digital assets, Bloomberg reported .

The settlement includes a $175,000 fine and a cease-and-desist order for violating the Commodity Exchange Act. Uniswap Labs, also known as Universal Navigation Inc., was found to have facilitated trading of leveraged tokens without proper registration, contravening regulatory requirements.

The CFTC’s action highlights the agency’s ongoing scrutiny of DeFi platforms. The tokens in question were considered leveraged or marginal commodity transactions, which the CFTC stated did not result in actual delivery within 28 days. These tokens could only be offered to non-eligible contract participants through a CFTC-designated or registered contract market, which Uniswap was not.

CFTC’s Allegations Detailed

CFTC alleged that Uniswap Labs developed code that enabled direct trading of digital assets, including leveraged tokens, without intermediaries. The CFTC contended that such tokens constituted leveraged or marginal commodity transactions that violated regulations due to their structure. The lack of delivery within the stipulated 28 days further limited their lawful trading.

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The CFTC’s order emphasized that Uniswap Labs’ failure to register as a contract market exacerbated the regulatory breach. Moreover, the tokens could only be traded on platforms designated by the CFTC, posing legal complications for Uniswap Labs.

Uniswap’s Response and Market Reactions

Uniswap Labs received a Wells notice from the SEC , signaling potential enforcement action. Although Uniswap Labs has removed the disputed tokens, this settlement marks another hurdle for the exchange. A spokesperson for Uniswap did not immediately respond to requests for comment regarding the CFTC’s decision.

MartyParty, a crypto influencer, commented on the case on social media, stating that the wording is positive and a change from hostile enforcement to rewarding ‘cooperation’ with light fines. The statement reflects broader market sentiment regarding the perceived leniency of the penalty.

Commissioner’s Dissent Raises Regulatory Concerns

Commissioner Summer Mersinger had, in the meantime, issued a strong word of dissent with the CFTC’s handling of the Uniswap case, highlighting that the platform had already removed the problematic tokens. She criticized the CFTC’s approach of “regulation by enforcement,” arguing it hinders innovation and called for a shift towards rulemaking to provide a clearer regulatory framework for DeFi.

Mersinger’s dissent also highlighted the chilling effect that such actions might have on the industry, discouraging innovation due to fear of regulatory repercussions. Her comments have sparked a debate on the need for updated regulatory frameworks that accommodate the evolving nature of DeFi platforms.

The CFTC acknowledged Uniswap Labs’ cooperation during the investigation, which resulted in a reduced fine. However, this case underscores the ongoing challenges DeFi platforms face as they navigate complex and evolving regulatory landscapes.