The cryptocurrency industry faced a wave of regulatory scrutiny on September 19, 2018, as the New York State Office of the Attorney General released a damning report on digital asset trading platforms. The findings sent ripples through the market and raised serious questions about the integrity of some of the largest cryptocurrency exchanges in the world.
TL;DR
- The New York OAG released its Virtual Markets Integrity Initiative report, finding crypto exchanges vulnerable to market manipulation
- Binance, Gate.io, and Kraken refused to participate in the investigation
- Coinbase disclosed that nearly 20% of its trading volume came from its own proprietary trading
- Three exchanges were referred to the New York Department of Financial Services for potential legal action
- The UK Treasury Committee simultaneously called for urgent stricter crypto regulation
The Virtual Markets Integrity Initiative Report
New York Attorney General Barbara Underwood launched the Virtual Markets Integrity Initiative (VMII) to investigate the practices of cryptocurrency trading platforms operating in the state. The resulting report painted a troubling picture of an industry rife with conflicts of interest and insufficient safeguards against market manipulation.
Several major exchanges, including Binance, Gate.io, and Kraken, outright refused to participate in the investigation. The OAG expressed alarm at this lack of cooperation, noting that these platforms were potentially operating in violation of New York virtual currency regulations. The refusal to engage with regulators raised further questions about what these platforms might be hiding from public scrutiny.
The exchanges that did participate in the investigation revealed uncomfortable truths. Perhaps most notably, Coinbase was forced to disclose that approximately 20% of executed volume on its platform was attributable to its own proprietary trading activities. This revelation struck at the heart of concerns about conflicts of interest on cryptocurrency exchanges.
Regulatory Fallout and Referrals
As a direct result of the investigation, three cryptocurrency exchanges were referred to the New York Department of Financial Services for potential legal action. The OAG found that many platforms lacked basic policies to prevent abusive trading, operated with significant conflicts of interest, and failed to provide adequate protections for customer funds.
The report highlighted that several platforms had not implemented robust policies to restrict insider trading or prevent market manipulation. Some exchanges were simultaneously operating as trading venues, brokers, and proprietary traders, creating structural conflicts that traditional financial markets had long since addressed through regulation.
UK Joins the Regulatory Chorus
The American regulatory push was mirrored across the Atlantic. The UK Treasury Committee issued its own call for stricter regulatory oversight over cryptocurrencies, urging action as a matter of urgency. The committee expressed particular concern about initial coin offerings, which it said had exposed a regulatory loophole being exploited to the detriment of ordinary investors.
In stark language, the committee declared that cryptoassets have no inherent value and are particularly vulnerable to manipulation. The statement represented one of the strongest official criticisms of the cryptocurrency market from a major Western government body at the time.
SEC and CFTC Take a Measured Approach
Not all regulators took a hardline stance. SEC Commissioner Hester Peirce and CFTC Chairman Christopher Giancarlo both advocated for a do no harm approach to cryptocurrency regulation. Peirce acknowledged that crypto-assets were still largely the domain of a particular type of investor but suggested they could prove valuable for portfolio diversification.
Peirce argued that the SEC should not hold back in approving Bitcoin and cryptocurrency-related products, emphasizing that making these assets more accessible to investors would ultimately benefit the market. Her measured approach stood in contrast to the more aggressive posture of the New York OAG.
Why This Matters
The New York OAG report was a watershed moment for cryptocurrency regulation in the United States. It was the first comprehensive government investigation into exchange practices and set the stage for years of regulatory development. The concerns raised in September 2018 about market manipulation, conflicts of interest, and consumer protection continue to shape regulatory frameworks today. For traders and investors, the report served as a stark reminder that the cryptocurrency market of 2018 operated with far fewer protections than traditional financial markets, and that due diligence in choosing an exchange was paramount.
Disclaimer: This article is for informational purposes only and does not constitute financial advice. Cryptocurrency markets are highly volatile. Always conduct your own research before making investment decisions.