Liz Warren Says Crypto Bill Creates a ‘Superhighway' for Trump Corruption

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21 hours ago

The Senate is set to pass the GENIUS Act early next week, a controversial piece of cryptocurrency legislation that critics say will hand an undue amount of financial power to the tech industry. On its face the bill, which has advanced with bipartisan support, purports to offer a regulatory framework for the expansion of 'stablecoins,' a form of crypto pegged to an existing, recognized asset — in many cases the U.S. dollar. In reality, it could enable corruption, screw over taxpayers, and potentially destabilize the economy.
The GENIUS Act would allow banks and private companies to issue stablecoins, essentially their own currencies, with light oversight from regulators. It mandates that issuers of stablecoins hold a reserve of the stable asset backing their cryptocurrency at all times, and that firms abide by certain anti-money laundering laws, as well as U.S. sanctions against foreign entities.
It sounds like a step in the right direction, but this piece of legislation is working its way through Congress as sitting President Donald Trump and his family build a cryptocurrency empire that steamrolls anti-corruption laws and ethical norms — one they hope will flourish under the industry-friendly policies and laws created by the administration of the Trump patriarch.
One of Trump's priorities has been the normalization of these so-called stablecoins — a type of asset that his family is now hawking. Despite the moniker, stablecoins can be extremely unstable. A 2023 study published by the Bank for International Settlements found that of 60 stablecoins analyzed in their review, all of them had become de-pegged from their underlying asset at least once. The 2022 crypto crash was triggered by the failure of Terraform Lab's Terra/Luna 'algorithmic' stablecoin — the collapse of which saw $45 billion erased in the span of a week.
The stablecoin bill comes as the government reorients its approach to crypto. Under the Biden administration, crypto kingpins began to feel the sting of consequences for schemes gone wrong. FTX crypto exchange founder Sam Bankman-Fried was sentenced to 25 years in prison after carrying out one of the largest financial scams since Enron. Tether, the largest stablecoin in crypto, settled a lawsuit brought against it by New York Attorney General Letitia James in 2021. Changpeng Zhao, the founder of the global crypto exchange Binance, pleaded guilty to money laundering in 2023.
Trump pledged a new, friendlier regulatory environment in Washington — and the crypto industry poured many millions into Super PACs to elect allies throughout Congress. Now, the industry has its moment to push through a public smokescreen of barely-there regulation, while continuing to rake in the cash.
No one has been more outspoken on the failings of the GENIUS Act than Sen. Elizabeth Warren (D-Mass.), who told Rolling Stone ahead of key votes that the bill would 'create a superhighway for Donald Trump's corruption.'
The Trump family's cryptocurrency venture, World Liberty Financial — which is currently being operated by his sons and Zach Witkoff, the son of Trump's Middle East envoy Steve Witkoff — recently launched its own stablecoin, designated USD1, which is pegged to the U.S. dollar and backed by treasury bonds. The GENIUS Act would allow major tech companies, banks, and other financial institutions to issue their own stablecoins, and many are poised to buy Treasury bonds so they can back the digital currency with real assets, as is required.
According to a report issued last week by ARK Invest, the stablecoin market may become one of the largest holders of U.S. debt in the coming years — potentially tying large swaths of U.S. debt to a dubiously regulated and often unstable asset. (For example, if Tether — the largest stablecoins in the market — was a country, it would be the 18th-largest holder of U.S. debt in the world.)
The lines grow even murkier when considering Trump's habit of using his position in the White House to enrich himself, as well as to tip market scales. World Liberty Financial already landed a $2 billion transaction deal to help an Abu Dhabi-state backed company purchase a stake in the Binance crypto exchange using the USD1 stablecoin.
'As soon as the players understand that Trump's intervention is a real possibility, then the stablecoin market is no longer about a careful review of whether there are adequate dollars to back up a particular stablecoin, or whether the stable coin issuer has an AAA rating,' Warren says. 'Instead, the whole game becomes one of trying to engage the president to weigh the end and make one set of coins more valuable, and therefore another set of coins less valuable. It's corruption, but it's also a market manipulation that ultimately drains away any development. … It undermines all the markets at that point.'
Warren compares the development of the GENIUS Act to efforts to regulate derivatives and the feverish rise of money market mutual funds in the early 2000s, both of which were major factors in the 2008 financial crisis: 'The derivatives industry came to the Congress and said, 'Regulate us,' and they wrote a sample. They wrote the regulation, and Congress — not knowing much about that world — passed it.'
The consequence was, in Warren's view, that lay people believed the industry to be effectively regulated, when in reality investors essentially tailored legislation to their own priorities. 'The risk kept building in the system until in 2008 it blew up the entire economy and required a $700 billion bailout from taxpayers,' Warren says. 'So think about why an industry comes to Congress and says, 'Regulate us.' They want the imprimatur, they want the gold seal of the United States government. … They don't actually want the government to oversee the activities of the industry.'
Warren is not alone in her concerns, and has found an unexpected ally in Republican Sen. John Hawley of Missouri. Last week, Hawley described the GENIUS Act as a 'huge giveaway to Big Tech' that would effectively allow private tech companies to create their own currencies that compete with the dollar.
'The U.S. dollar is the reserve currency,' Warren says. 'The United States does not gain from creating a competing electronic currency. Getting more people to hold stable coins rather than dollars during their investment transactions, does not serve us interests, but it injects risk into the U.S.'
'Anyone who thinks that when a financial crash hits [the value of stablecoins] will translate one to one into dollars is fooling themselves,' she adds.
The ripple effects can be catastrophic when a stablecoin collapses. Existing stablecoins are already buying up billions in Treasury bonds, and in the event of a run on a coin, or any type of collapse within stablecoin, the issuer would sell off their own holdings — in this case Treasury bonds — to pay back their customers. Economists warn that such a scenario could destabilize the underlying treasury securities market that serves as the foundation of the U.S. economy.
As Warren and Hawley point out, the risks of economic destabilization increase significantly if legislation like the GENIUS Act passes. PayPal has already launched its own cryptocurrency, and Apple, Facebook, X, and Airbnb have all explored releasing their own stablecoins for customers to conduct on-platform transactions in crypto.
If, for example, Elon Musk 'is controlling a significant portion of cash-light money moving through our economy and X gets in trouble, the federal government will face the possibility of bailing out not just the coin, but the underlying business, because they're so deeply intertwined,' Warren explains.
'There's a reason why there has always been a wall between banking and commerce,' Warren says. 'This GENIUS Act, for the first time, destroys that wall.'
Nothing is too big to fail. Seemingly secure, lucrative schemes have left the U.S. and global economy in ruins.
In a way, the GENIUS Act has already built in a bailout fund for crypto traders should the bubble pop: your deposits.
A provision in the bill mandates that financial institutions issuing the coins prioritize reimbursing stablecoin holders over other checking and savings depositors in the event that the bank or financial institution becomes insolvent. Essentially, as Georgetown Law professor Adam Levitin wrote last month, 'Congress is about to put the claims of stablecoin investors ahead of ma and pa's bank deposits.'
Because most standard bank deposits are insured under the Federal Deposit Insurance Corporation (FDIC), the result is that depositors' checking and savings would be used to pay off lost crypto holdings and everyone else can file for an insurance claim. 'Which means,' Warren warns, 'the U.S. taxpayer is right in the crosshairs.'
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