October 3, 2024

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The upheaval that surrounded the cryptocurrency exchange FTX and Sam Bankman-Fried (SBF) confirmed the conviction of authorities that there is a need for stronger regulation throughout the whole cryptocurrency ecosystem.

Letitia James, the New York Attorney General (NYAG), proposed banning investments in cryptocurrencies like bitcoin and ethereum in defined contribution plans and individual retirement accounts in order to safeguard investors from experiencing a similar kind of loss (IRAs).

James wrote a letter to the members of Congress in the United States, requesting that legislation be enacted that would prohibit United States citizens from using funds from their individual retirement accounts (IRAs) and defined contribution plans (such as 401(k) and 457 plans) to purchase cryptocurrencies and other digital assets.

On the other hand, results of a study conducted in October 2022 indicated that almost half of investors headquartered in the United States want crypto to be included in their 401(k) retirement plans.

Further, James argued that the Retirement Savings Modernization Act and the Financial Freedom Act of 2022, both of which would legalize financial transactions involving digital assets, should be shot down. The Retirement Savings Modernization Act is a recent proposal, and the Financial Freedom Act of 2022 is set to take effect in 2022.

James scribbled down four key reasons supporting her request to remove digital assets from IRAs and defined contribution plans when she was outlining SBF’s role in conducting a Ponzi Scheme and misappropriating the monies of its members. These reasons will be detailed further below.

The New York Attorney General stressed, above all else, how vital it is to guard funds for retirement throughout the course of a lifetime.

Second, she brought attention to the historical responsibility that Congress has to safeguard the retirement savings of American people.

As her final justification for banning cryptocurrency investments, James cited storylines such as the prevalence of scams and the absence of adequate safeguards.

The custodial and value issues rounded out the list of things that caused anxiety, along with the volatility.

The New York Attorney General’s office, on the other hand, explained that there is a separation between blockchain technology and digital assets.

She is of the opinion that retirement funds ought to be able to be used for the acquisition of equity in publicly listed blockchain-based companies by citizens of the United States.

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