[HN Gopher] Tether Fined $41M for Lying About Fiat Currency Backing
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       Tether Fined $41M for Lying About Fiat Currency Backing
        
       Author : virtualwhys
       Score  : 242 points
       Date   : 2021-10-15 15:53 UTC (7 hours ago)
        
 (HTM) web link (www.bloomberg.com)
 (TXT) w3m dump (www.bloomberg.com)
        
       | buhrmi wrote:
       | Probably paid in USDT.
        
         | sneak wrote:
         | They don't need to; they can print USDT, swap it for Ether, and
         | take Ether to any normal, above-board exchange and get Real
         | Dollars.
        
       | kangnkodos wrote:
       | What is the average daily net inflow of US dollars into Tether?
       | How many days of net inflow is $41M?
        
         | FireBeyond wrote:
         | At times they've claimed that it is in the billion dollar a
         | week range.
         | 
         | But their cash backings say that that was most likely always
         | bullshit, even as they move to "other instruments" (cough
         | Chinese junk paper cough).
        
       | satellites wrote:
       | But crypto coins are so much more trustworthy and secure than
       | traditional financial institutions... /s
        
         | robcohen wrote:
         | I'm pretty sure no one thinks digital IOUs are worth more than
         | the word that's behind them.
         | 
         | It's not reasonable to conflate decentralized cryptocurrency
         | with digital coupon IOUs.
        
       | jfk13 wrote:
       | See also https://news.ycombinator.com/item?id=28878874, which
       | (currently, at least) has more extensive discussion.
        
       | mensetmanusman wrote:
       | They will have to spin up 41,000,000 more Tethers to pay for
       | this!
        
         | dylan604 wrote:
         | But when they submit the payment, they print out the hashes for
         | the coins in 6pt font double spaced in a script style font.
        
       | system2 wrote:
       | I am blown away. 61.5 million dollars for $68,536,825,819 (68
       | billion dollars.) Maybe not the same in 2017 but damn, how does
       | this even work without anyone panicking?
        
         | inopinatus wrote:
         | It doesn't, but that's bubbles for you.
        
       | gws wrote:
       | Don't really get you guys saying Tether should be shut down...
       | the big banks get routinely fined with much bigger fines for much
       | bigger crimes, are we gonna shut them all down then? At least
       | Tether did not steal from nor defraud anyone. Just as a random
       | example: https://www.justice.gov/opa/pr/jpmorgan-chase-co-agrees-
       | pay-...
        
         | ceejayoz wrote:
         | Tether _did_ defraud people. They lied on their website,
         | claiming a) audits (which they never completed a single one of)
         | and b) 1:1 backing of each Tether with a dollar in the bank
         | (which they didn 't have).
        
           | gws wrote:
           | You are right, they lied, and people could have been harmed
           | if there were a "bank run" on Tether. But in practice there
           | was not and nobody suffered any damage, zero, nada, nicht.
           | While big banks got fined for actually taking money illegally
           | out of people's pockets and nobody said let's shut them down
        
         | tootie wrote:
         | I think the difference is this is Tether's entire reason for
         | existence. It's equivalent to Bernie Madoff.
        
           | gws wrote:
           | Still there have been zero redemption issues in getting USD
           | back from USDT
        
       | joelbondurant wrote:
       | Fiat backing, lol , clown world.
        
       | missedthecue wrote:
       | Hear that? That's the sound of 41 million new tether coins
       | entering the market
        
         | adflux wrote:
         | Perfect haha. Tether has figured out how to print money and
         | nobody seems to care.
        
           | BitwiseFool wrote:
           | "Stay out of my territory" - Jerome Powell, PBUH
        
           | zardo wrote:
           | They just printed $440 Million in _technically not
           | counterfeit USD_
        
             | Hamuko wrote:
             | Where can I apply to get this silk glove treatment by the
             | authorities when I start making "untrue or misleading" bank
             | notes?
        
           | rossdavidh wrote:
           | Well I think it's maybe more like how to do a GoFundMe on a
           | massive scale.
        
         | SilasX wrote:
         | lol yeah: "So can we pay the fine in--" "No."
         | 
         | (Reminds me of Zimbabwe having to come up with money to pay
         | Switzerland for printing their hyperinflating currency.)
        
         | pkulak wrote:
         | Jokes aside, Tether can't both determine how many coins are in
         | the market and the price of those coins.
        
           | orthecreedence wrote:
           | No, but apparently they can tell people "this is worth $1"
           | and people will believe them, even if there's nothing backing
           | it. On a long enough timeline what you say might be true, but
           | in the short term it seems that most people haven't gotten
           | the memo.
        
       | danuker wrote:
       | > there was never more than $61.5 million backing Tether, even as
       | more 442 million coins were circulating at one point.
       | 
       | Ah, pulling the classic "fractional reserve" I see.
        
         | trident5000 wrote:
         | Depends what that means. Dollar reserve could be low because
         | investment reserve is high. Would need to see the numbers.
        
         | sneak wrote:
         | I'm sure that the 68.5 billion-with-a-b tethers they have out
         | there now must be backed, though, right?
         | 
         | Surely they learned their lesson when they only had 442 million
         | tethers issued and only 61.5 million dollars in the bank.
        
         | SandB0x wrote:
         | This is simply insolvency, not fractional reserve.
        
           | tom-thistime wrote:
           | Insolvency would be a better _metaphor_ than fractional
           | reserve. But I 'm guessing* Tether doesn't actually offer to
           | settle up in any reserve currency.
           | 
           | *I think it's a pretty good guess, based on the fact that
           | Tether is still in business.
        
           | SilasX wrote:
           | I think that would be illiquidity -- having only assets that
           | need to be converted, rather than dollars themselves --
           | rather than insolvency, right?
        
             | SandB0x wrote:
             | Well that too
        
           | mortehu wrote:
           | If you read the order, it's clearly about cash reserves (in
           | the financial sense) specifically, and not total underlying
           | assets.
        
           | AlexandrB wrote:
           | And yet, they're still operating. This is the kind of thing
           | that makes me think the whole cryptocurrency ecosystem is a
           | house of cards. Cryptocurrency advocates seem to be really
           | bad at spotting and punishing incompetent and malicious
           | actors in their markets.
        
             | onlyrealcuzzo wrote:
             | Why would they? If you're invested in Crypto - you don't
             | want it to go down. It's better to look the other way while
             | someone is pumping and hope they never start dumping.
        
             | ikiris wrote:
             | It's hard to claim someone's specifically malicious /
             | incompetent when the entire "market" is.
        
             | wbsss4412 wrote:
             | It's really an amazing case study in what happens when* you
             | take libertarian ideology to its conclusion.
             | 
             | Edit: typo*
        
               | CryptoPunk wrote:
               | Libertarian ideology has resulted in Tether being
               | replaced by USDC in Ethereum DeFi. Your claim is based on
               | the bizarre premise that people are only intelligent when
               | formulating mandates for otherd, while they can only
               | exercis if formulating a course of action for themselves
        
               | wbsss4412 wrote:
               | > Your claim is based on the bizarre premise that people
               | are only intelligent when formulating mandates for
               | otherd, while they can only exercis if formulating a
               | course of action for themselves
               | 
               | I'm not sure where my statement implied what you are
               | assuming here. I think you may have your dogmatic
               | blinders on.
               | 
               | Both tether, and crypto unrelated to tether are
               | implicated in what I stated. That doesn't make tether any
               | less a result of libertarian ideology drawn to its
               | conclusion.
        
             | TameAntelope wrote:
             | I think if you got a few beers in even the most adamant
             | crypto advocate, you'd discover their thinking is more
             | along the lines of, "The house of cards is out in the open
             | with crypto, vs. hidden behind bureaucracy and obfuscation
             | in traditional banking".
             | 
             | With crypto, the "average" person gets to feel "in on it"
             | in a way usually reserved for coked up Goldman associates.
             | That is possibly _not_ a good thing, as you 're pointing
             | out.
        
               | pasabagi wrote:
               | It's a misunderstanding of what the house of cards is
               | about, though.
               | 
               | One of the first empires to use fiat currency was the
               | Yuan dynasty, and it worked, because if your currency is
               | backed by the mongols, you're absolutely going to act as
               | if it makes sense, even if it seems crazy to you. The
               | backing of money is not precious metals, nor currency,
               | but rather force - a state can demand tax in it, and
               | exact retribution if their taxes are not paid. The state
               | could demand taxes in cowries, and people would collect
               | cowries, because you are going to get imprisoned if you
               | don't pay your tax.
               | 
               | The fiat-currency house of cards collapses when people
               | think the state isn't going to be able to pay their bills
               | and collect their dues. Cryptocurrencies are more like
               | tulips. There's nothing behind the curtain - it's just a
               | weird social eddy that's grown out of all proportion.
        
             | usrusr wrote:
             | While they are not completely divested, self-interest
             | mandates that they still hype what they try to get out of.
             | And after that, they simply don't care and pride
             | discourages them from being vocal about their apparent
             | change of heart. Some might be good at spotting, but they
             | will be excellent at staying quiet about their conclusions.
        
             | chihuahua wrote:
             | In my opinion it's a house of cards (and Ponzi scheme), but
             | combined with the John Maynard Keynes observation that the
             | market can reman irrational longer than you can stay
             | solvent (if you were to bet against it)
        
         | ceph_ wrote:
         | > 442 million
         | 
         | Current market cap is up to 70 billion! 90% of which has been
         | printed in the last 2 years, and wasn't even covered by the
         | report. Looks like they're going on a last ditch printing spree
        
         | FireBeyond wrote:
         | Hah. At one point Tether was claiming, during the days where
         | they were holding on to the "1:1 backing!" that they were
         | banking $2 billion A WEEK.
         | 
         | And yet the cryptofans were telling us we were curmudgeons for
         | not buying into the hype (or in this case, the bullshit).
        
           | tastyfreeze wrote:
           | From their website: "Every Tether token is always 100% backed
           | by our reserves, which include traditional currency and cash
           | equivalents and, from time to time, may include other assets
           | and receivables from loans made by Tether to third parties,
           | which may include affiliated entities (collectively,
           | "reserves")."
           | 
           | They don't claim 1:1 USD backing. They claim that every
           | tether is backed by 1 USD of value. So, when their crypto
           | holdings go up in value, TADA!, more reserves to print tether
           | against. The problem here is they never explain what happens
           | when the value of their backing assets goes down.
        
             | loeg wrote:
             | Their website's claim has changed. Historically, they
             | claimed USD backing: 2015[1] 2016[2] 2017[3] 2018[4]. By
             | 2019, they had abandoned that claim[5].
             | 
             | [1]: https://web.archive.org/web/20150814185145/https://tet
             | her.to... "Every tether is always backed 1-to-1, by
             | traditional currency held in our reserves."
             | 
             | [2]: https://web.archive.org/web/20160417000232/https://tet
             | her.to... "Every tether is always backed 1-to-1, by
             | traditional currency held in our reserves."
             | 
             | [3]: https://web.archive.org/web/20171201230600/https://tet
             | her.to... "Every tether is always backed 1-to-1, by
             | traditional currency held in our reserves."
             | 
             | [4]: https://web.archive.org/web/20180809053152/https://tet
             | her.to... "Every tether is always backed 1-to-1, by
             | traditional currency held in our reserves."
             | 
             | [5]: https://web.archive.org/web/20190426055956/https://tet
             | her.to... (current language)
        
             | onlyrealcuzzo wrote:
             | Don't worry - like Stonks - Crypto only goes up
        
           | zomglings wrote:
           | There has _always_ been a healthy amount of skepticism about
           | Tether in the crypto community. Your cryptofans narrative
           | does not accurately reflect reality.
        
             | SkyPuncher wrote:
             | Yea, I'm on the edge of crypto and I knew that Tether has
             | always been viewed is questionnable.
        
           | Kiro wrote:
           | I've never seen a cryptofan defend Tether.
        
             | leppr wrote:
             | Most of the big Bitcoin talking heads did.
        
           | bonestamp2 wrote:
           | Some of us who like crypto also knew it was bullshit.
        
         | pfisherman wrote:
         | <insert crypto rant> fiat <more crypto rant > debasing the
         | currency.
         | 
         | What I find ironic is that the crypto ecosystem still ended up
         | with something like central banks, only in this case their
         | mandate is make money for its owners, and they have no
         | accountability or obligation to serve the general public.
        
           | DennisP wrote:
           | Play centralized games, win centralized prizes.
        
             | rgrieselhuber wrote:
             | Exactly.
        
           | bko wrote:
           | The difference is I can choose not to hold Tether. Removing
           | my exposure to dollars as a US citizen is a lot harder. Not
           | to mention people that are on a fixed income like my parents.
           | So debasing fiat is a lot worse
        
             | lupire wrote:
             | Sure but "not holding Tether" is just "Tether not existing"
             | but with extra wasteful steps.
        
             | frankbreetz wrote:
             | I believe a tether collapse would have a significant effect
             | on the entire cryptocurrency ecosystem
        
               | kaashif wrote:
               | It would at least open the door to more regulation, not
               | to mention prudence on the parts of investors. I can't
               | escape the feeling some of these risks aren't being
               | priced in properly.
               | 
               | I don't think very many average people are invested in
               | crypto significantly, if at all, despite the hype, so
               | hopefully the harm would be limited.
        
               | [deleted]
        
               | headmelted wrote:
               | This is the big question mark, and why I sigh when people
               | shrug it off.
               | 
               | How much of the demand for these tokens is being driven
               | by money that never really existed? 100%? 50%? 0.02%?
               | 
               | There's no way of knowing until it crashes - then what?
               | e.g. if the price dives by 50%, and that really equates
               | to 200% of the actual capital ever invested, what happens
               | then?
               | 
               | I was listening to Darknet Diaries episode 102 today
               | about the Canadian money printer, and I was thinking the
               | entire way through it that it was basically describing
               | tether but with paper and ink.
               | 
               | It got especially eye-opening when he talked about having
               | to manage how it was released into circulation slowly so
               | as no-one could track where it was coming from.
        
             | itsoktocry wrote:
             | > _The difference is I can choose not to hold Tether.
             | Removing my exposure to dollars as a US citizen is a lot
             | harder._
             | 
             | Did you miss the part about them lying?
             | 
             | "I have a right to choose to buy something" for whom the
             | value is deceptively obfuscated is quite the argument.
        
             | spywaregorilla wrote:
             | That is part of being part of the society, yes.
        
               | anm89 wrote:
               | So is having the right to hold other currencies and
               | assets.
               | 
               | Tell that to an Argentinian who has had their life ruined
               | because of the lack of foresight from the the people who
               | run their society.
        
               | floatingatoll wrote:
               | Incorrect, no such right is necessarily guaranteed by
               | societies. For example, during much of the 1900s you were
               | required to sell gold to the US government for USD rather
               | than keep it under your mattress, and if you refused they
               | had the right to seize it with force. For another
               | example, negative savings interest rates in certain
               | European countries.
        
               | anm89 wrote:
               | And yet, I still hold those other things.
               | 
               | Many people told that society where to shove it when they
               | came to repossess their assets by force.
               | 
               | If you are trying to explain why I owe some debt to
               | society to support their currency you aren't making a
               | very convincing argument.
        
               | [deleted]
        
               | waterhouse wrote:
               | > during much of the 1900s you were required to sell gold
               | to the US government for USD rather than keep it under
               | your mattress, and if you refused they had the right to
               | seize it with force
               | 
               | Many considered this a violation of their rights. Justly
               | so. I would say that "no such right is necessarily
               | guaranteed" is only true in the sense that no rights _at
               | all_ are necessarily guaranteed.
        
           | dragonwriter wrote:
           | > What I find ironic is that the crypto ecosystem still ended
           | up with something like central banks, only in this case their
           | mandate is make money for its owners, and they have no
           | accountability or obligation to serve the general public
           | 
           | So, like private currency-printing banks _before_ government
           | monopolies (and like private banks, which subject to central
           | regulation still create money though they don 't print
           | currency), _not_ like central banks.
        
             | majormajor wrote:
             | > So, like private currency-printing banks before
             | government monopolies (and like private banks, which
             | subject to central regulation still create money though
             | they don't print currency), not like central banks.
             | 
             | Yes, nothing prevents a crypto bank from "creating money"
             | (aka lending) in the same way that a fiat bank does. Loan
             | out your deposits. It's that easy.
             | 
             | Not having it blow up on you in a run-on-the-bank scenario
             | is the harder part than "creating the money". ;)
        
             | jayd16 wrote:
             | But the point of the article is that they essentially did
             | print currency, no?
        
               | dragonwriter wrote:
               | The point of the article is rather that they violated the
               | rules on creation of "money" [0] by means other than
               | issuing legal-tender currency, and are being punished for
               | that violation.
               | 
               | [0] viewed broadly, but I won't quibble about that.
        
           | OneLeggedCat wrote:
           | > crypto ecosystem still ended up
           | 
           | It's decades from its final form.
        
             | rzwitserloot wrote:
             | Perhaps. But we're, what? 10 years in and so far crypto has
             | enabled 'I encrypted your data!' scams, caused political
             | instability, been a vehicle for highly volatile investment
             | (but the world wasn't hurting for such opportunities...),
             | and served as a fine buzzword for dev teams around the
             | world to get a sack of cash to update some systems.
             | 
             | That's a pretty poor result for 10 years of this much
             | investment and focus. The internet was waaaaaaaaaaaaay more
             | useful 10 years in.
             | 
             | I don't think crypto gets to claim the benefits of the oft
             | touted protection against centralized bullies or scams.
             | Quite the opposite: You need to go pretty deep into
             | political dictatorships before crypto on net balance seems
             | favourable. So far crypto coins are far more likely to be
             | fleeced, and the vast majority of crypto holding folks are
             | working with mostly centralized entities (such as Tether),
             | which rate, as far as trustability and good shepherdship
             | goes, not in a good place. Better than Pol Pot and Mugabe.
             | Maybe.
             | 
             | Oof.
             | 
             | So if it's decades from its final form, when is it going to
             | deliver on its first actually useful to humanity milestone?
             | I'm still waiting.
        
               | kbenson wrote:
               | If that's the trend, by the time it reaches it's final
               | form we'll all be smoking husks left over from the great
               | AI uprising wars, but don't judge those AIs too harshly,
               | that new testnet that paid out for verified kills was
               | just too good to pass up.
        
               | bonestamp2 wrote:
               | > so far crypto has enabled 'I encrypted your data!'
               | scams
               | 
               | These scams existed long before crypto. But, crypto
               | currencies are a better solution to international money
               | transfers so of course they became the preferred
               | currencies for these scams.
        
               | varjag wrote:
               | It took crypto to make them Web scale.
        
               | lottin wrote:
               | If cryptocurrencies were a better solution, they would
               | have been widely adopted. Instead, they have been adopted
               | by people who can't use real money for one reason or
               | another, e.g. criminals. Which tells us they are a bad
               | substitute for real money.
        
               | AnthonyMouse wrote:
               | > I don't think crypto gets to claim the benefits of the
               | oft touted protection against centralized bullies or
               | scams.
               | 
               | The big problem here is that the core benefit of
               | cryptocurrency is in removing the bank as a middle man.
               | But the bank is the chokepoint where governments impose
               | constraints.
               | 
               | When you're up against an authoritarian government
               | imposing unreasonable constraints, that's what you need.
               | But it works the same against any constraints. So if you
               | want constraints on "money laundering" or processing
               | transactions related to criminal activity, those
               | constraints are gone too.
               | 
               | The constraints are already gone for anyone willing to
               | break the law. You can't un-invent Bitcoin, so from here
               | on drug dealers will be able to use it or something like
               | it to transfer their drug money etc. That's happened,
               | it's in the past, no regulations you put on law-abiding
               | people will undo it because the people doing it are
               | already the people breaking the law.
               | 
               | We still have all the regulations. They just don't work
               | anymore. We're still paying the cost and the benefit has
               | evaporated. But for all the honest people who are
               | following the law, the regulations still apply. The
               | overhead is still there. All the paperwork and the false
               | positives.
               | 
               | So you can use Bitcoin to buy drugs but you can't use it
               | to buy a sandwich, because to accept Bitcoin the sandwich
               | shop would have to deal with filing fees and lawyers that
               | the drug dealer is just ignoring. Regular people don't
               | get the benefit until we have a regulatory system that
               | makes it as easy to accept cryptocurrency as it is to
               | accept cash.
        
               | clusterfish wrote:
               | You can't uninvent Bitcoin but you can certainly make it
               | illegal, making it all but useless for drug trade or
               | money laundering. Nobody needs a currency that you can't
               | exchange for, you know, real currency that you can buy
               | real things with. So although the government doesn't have
               | the power to eliminate Bitcoin, they do have the power to
               | make it useless. I don't think they will though, because
               | guess who is using it for bribes and money laundering?
        
               | AnthonyMouse wrote:
               | Making it illegal doesn't affect its utility for illegal
               | activity. Criminals already break the law. It would cause
               | a one-time decline in value but that only matters to
               | speculators. The value would still be non-zero because
               | it's global and there exist places where it isn't
               | illegal.
               | 
               | Even if it was somehow illegal everywhere, the value
               | still wouldn't be zero because of black markets. The drug
               | user uses it to buy drugs, the drug dealer uses it to buy
               | guns, the gun runner uses it to buy stolen art, the fence
               | uses it to buy stolen goods from petty thieves who use it
               | to buy drugs.
               | 
               | Black markets would also exist to exchange it for cash or
               | ordinary commodities so that someone else could get it to
               | buy drugs/guns/art/whatever.
               | 
               | And it has utility over using physical cash or gemstones
               | or bullion in that you can transfer it over the internet.
        
               | mwint wrote:
               | If you can't trade BTC for USD, you'll trade it for Yen,
               | and then trade for USD.
               | 
               | Some country will want to cash in on the demand for their
               | currency, and will leave it legal to exchange.
        
               | flipbrad wrote:
               | Don't forget the environmental catastrophe of all that
               | wasted electricity generation, and driving up prices of
               | GPUs.
        
               | [deleted]
        
           | dylan604 wrote:
           | > their mandate is make money for its owners,
           | 
           | Isn't this pretty much the description of every company? I
           | understand feduciary responsibilities blah blah, but if the
           | company didn't think they could do both then they wouldn't be
           | running the legitimate buisness. If it was started to
           | intentionally dupe people that's an entirely different thing.
        
             | dragonwriter wrote:
             | > Isn't this pretty much the description of every company?
             | 
             | Which is why we don't let private companies create currency
             | willy-nilly anymore.
        
               | heurisko wrote:
               | > Which is why we don't let private companies create
               | currency willy-nilly anymore.
               | 
               | As I understand, private banks extend loans, which while
               | not being printing money, the loans being deposits (which
               | can be withdrawn) the effect of creating currency is the
               | same.
        
               | majormajor wrote:
               | Private banks can only extend loans so much as they have
               | the money already.
               | 
               | Yes, it's a juggling act: Person A still has $1000 on the
               | ledger in their deposit even if the bank lends $800 of
               | that to Person B, so if the people with deposits want to
               | cash out all at the same time, and the bank can't pull
               | back what they've lended out fast enough, you have big
               | problems!
               | 
               | But they aren't just adding numbers to a cell in a
               | spreadsheet without having the money to back it - a loan
               | that can't be used to pay someone or to be turned into
               | cash is useless. You can't just start a bank and issue
               | yourself a thousand dollars into your own account and
               | expect to be able to use it for anything. This would be
               | closer to the credit card model - short term credit
               | without taking deposits, making money on the repayment -
               | but again, good luck issuing yourself your own credit
               | card to buy a bunch of stuff with to "create money."
               | 
               | And they also aren't doing anything that couldn't be done
               | with crypto!
        
               | rsj_hn wrote:
               | Correct, for the non-financial sector, "money" is
               | currency in circulation (created by the government) and
               | then liabilities of the financial sector (created by the
               | private sector). This is true regardless of whether they
               | are checking accounts, savings accounts, certificates of
               | deposit, money market mutual funds, etc. It's all private
               | money and we not only allow it but we subsidize and
               | encourage it.
        
               | dragonwriter wrote:
               | Lending, and the maintenance of the depository accounts
               | where lent money not withdrawn in cash must end up, is
               | much more tightly regulated than it was in the era of
               | willy-nilly private currency issuance, as well as direct
               | currency issuance itself being reserved for the State.
        
               | simonh wrote:
               | Issuing tether was basically an unregulated bank loan
               | system. With a regular loan the created money is
               | destroyed when you repay it. In theory that would happen
               | to the tether when you redeem it for dollars. The problem
               | is really just that tether was lying about how they were
               | operating.
        
             | lazaroclapp wrote:
             | > Isn't this pretty much the description of every company?
             | 
             | For the most part, sure. But that's the parent's point, I
             | think. _Central_ banks are not companies, they are part of
             | the public financial infrastructure of a nation (or, in the
             | EU case, group of nations).
        
               | jameshart wrote:
               | > Central banks are not companies
               | 
               | Actually... it's complicated. The Bank of England, for
               | example, was nationalized only in 1946, and it remains
               | technically a company which is owned by the state, not
               | actually part of the government.
               | 
               | In the US, the Fed is... well, it's not a company, but
               | it's also not _not_ a company... or group of companies...
               | 
               | See https://en.wikipedia.org/wiki/Federal_Reserve_Bank
        
             | pfisherman wrote:
             | Objectives and incentives are extremely powerful drivers of
             | mass behavior in large organizations. Maximizing profit is
             | a much different objective that contributing to the social
             | good. That is why some functions are best fulfilled by non
             | profits and government.
             | 
             | There world is full of cases where products or services are
             | degraded in order to maximize profit. Has DRM ever made for
             | a better gaming experience? Do clickbait articles result in
             | a better informed public?
        
           | ChainOfFools wrote:
           | decentralization is at best nothing more than a polite name
           | for the transition period from one centralized regime to
           | another.
           | 
           | like all mirages, it dissolves when you get too close.
        
         | lmkg wrote:
         | On the initial headline I thought that $41 million would be
         | negligible compared to the central role they have in the crypto
         | ecosystem. But apparently that fine is 2/3 of their backing
         | reserves.
        
           | boole1854 wrote:
           | Correction: it is 2/3rds of what their reserves were back in
           | 2017. The amount of Tether in circulation has increased over
           | 150-fold since then, so presumably their reserves have
           | increased as well.
        
             | delecti wrote:
             | > The amount of Tether in circulation has increased over
             | 150-fold since then, so presumably their reserves have
             | increased as well.
             | 
             | They _just_ got punished for not having actual reserves
             | match their circulation. What basis is there to presume
             | that their reserve is matching their circulation now?
        
               | sgpl wrote:
               | While I wouldn't say that their reserve is matching now (
               | I do not know) there were a few threads on twitter that I
               | read a while back that stated that the folks behind
               | tether were increasing the supply (of tether) to
               | artificially inflate the value of their bitcoin holdings
               | - which is something that they could have liquidated in
               | exchange for more fiat since then. Obviously this is all
               | conjecture at this point.
               | 
               | This is the best reference I could find in relation to
               | what I've said above:
               | 
               |  _In newly published research, with Amin Shams of Ohio
               | State University, he finds evidence that Bitcoin's
               | 2017-2018 bubble was inflated by a lesser-known digital
               | currency called Tether._ [0]
               | 
               | [0] https://medium.com/texas-mccombs/tether-connection-
               | puts-bitc...
        
               | 35fbe7d3d5b9 wrote:
               | https://tether.to/wp-
               | content/uploads/2021/08/tether_assuranc...
               | 
               | This all boils down to two questions in my mind:
               | 
               | 1) Do you trust the unsigned report from the auditor, who
               | appears to be a fairly unknown entity?
               | 
               | 2) Do you trust the asserted quality of the commercial
               | paper, which makes up 50% of the putative reserves?
        
               | jyrkesh wrote:
               | Even worse, they just took the opportunity to pay off the
               | govt to avoid disclosing exactly to what extent they
               | lied.
               | 
               | At this point, what basis is there to presume that their
               | reserve is non-zero?
        
         | [deleted]
        
       | thaumasiotes wrote:
       | Problem: Tether has less money than they're supposed to have in
       | order to back their obligations.
       | 
       | Solution: take some of their money away.
        
       | rkagerer wrote:
       | https://archive.is/eqUP1
        
       | nickff wrote:
       | The CFTC claims to be helping end-customers by doing this kind of
       | thing, but it is really taking money that could have been
       | distributed off the table. Fining (and perhaps requiring the
       | dismissal of) Tether's corporate officers would likely instill
       | more discipline, but fining the company just hurts the customer.
        
         | klyrs wrote:
         | No. This teaches scammers and customers alike that this is a
         | risky business. Fining the corporate officers is almost
         | certainly off the table, because Tether appears to be some form
         | of limited liability corporation (but I don't know anything
         | about the law in HK). Play stupid games, win stupid prizes. I'd
         | hope the founders end up in jail for what appears to be blatant
         | fraud... but chances are, they'll just move on to the next
         | thing after Tether crumples.
        
           | nickff wrote:
           | The CFTC mission statement is:
           | 
           | > _" The mission of the Commodity Futures Trading Commission
           | is to promote the integrity, resilience, and vibrancy of the
           | U.S. derivatives markets through sound regulation."_
           | 
           | I don't see how punishing customers accomplishes that goal.
        
             | klyrs wrote:
             | Let's read that carefully, now.
             | 
             | The CFTC provides "sound regulation," not insurance.
             | Insurance protects customers. Regulation by the CFTC is
             | meant to protect "the U.S. derivatives markets." They
             | aren't there to protect customers.
             | 
             | If the customers wanted a safe investment, they should have
             | used an insured vehicle for that.
        
         | tdeck wrote:
         | It would be better to confiscate Tether's entire reserve, force
         | them to allow tether holders to cash out (for fractional
         | amounts), and punish the execs directly.
        
           | nickff wrote:
           | That would make sense to me, though it may be possible (and
           | less disruptive) to allow tether to continue under new
           | management.
        
             | Hamuko wrote:
             | This sounds a lot like letting Bernard L. Madoff Investment
             | Securities LLC to "continue under new management" in order
             | to be less disruptive.
        
               | nickff wrote:
               | Madoff's fund was insolvent; I am not sure whether the
               | same is true of Tether. There's no need to liquidate a
               | solvent entity.
        
       | tdeck wrote:
       | I don't understand why this is something they can settle rather
       | than something that gets them completely shut down.
        
         | _3u10 wrote:
         | The SEC is in the business of protecting investors not
         | destroying peoples savings over a few inaccuracies.
         | 
         | Why would misleading statements ever result in a shutdown of a
         | company instead of a fine?
        
           | tdeck wrote:
           | Because the "misleading statement" (i.e. deliberate lie) is
           | the entire basis of Tether's business. The service they claim
           | to provide is fiat backing for their cryptocurrency and they
           | didn't do that. That's not "a few inaccuracies", it's fraud.
        
             | _3u10 wrote:
             | Isn't the basis of the business that tethers are
             | exchangeable for USD? Have they failed to provide USD when
             | asked?
        
               | orthecreedence wrote:
               | Wait, has anybody ever in the entire existence of Tether
               | actually _withdrawn_ their USDT for USD??
        
               | tdeck wrote:
               | Essentially yes. They throw up all kinds of roadblocks to
               | make it difficult to exchange tether for cash in order to
               | preserve the facade.
               | 
               | Just one article I found:
               | https://www.google.com/amp/s/micky.com.au/irredeemable-
               | why-i...
        
           | wmf wrote:
           | It's debatable whether Tether has a few inaccuracies or
           | massive fraud.
        
           | [deleted]
        
         | Kranar wrote:
         | The CFTC doesn't have that authority; a company can only get
         | shut down for a criminal offense and Tether is not accused of
         | any crime. Only the Department of Justice can prosecute or
         | investigate crimes, the CFTC is an independent agency and as
         | such has no authority to do so.
         | 
         | All the CFTC can do is levy a fine, so both parties are fairly
         | indifferent as to whether that money comes from a judgement or
         | from a settlement. There could be some minor benefit of not
         | having to admit any "wrongdoing" for press release purposes,
         | but overall it makes no difference.
        
         | AlexanderTheGr8 wrote:
         | Tether is not a US-based company. So does US have the authority
         | to shut them down?
        
           | 35fbe7d3d5b9 wrote:
           | There is an entire branch of the Department of Treasury
           | designed to enforce stiff sanctions and financial penalties
           | against people, companies, and even _countries_ that defy US
           | regulations.
           | 
           | If the federal government decides Tether needs shut down, it
           | won't be a struggle.
        
             | 35fbe7d3d5b9 wrote:
             | Since I didn't really talk through this before, a bit of an
             | effort post.
             | 
             | OFAC sanctioned Suex, a crypto exchange based in the Czech
             | Republic, less than a month ago[1]. As far as I can tell it
             | is _gone_ from the face of the earth. Here 's why:
             | 
             | > As a result of today's designation, all property and
             | interests in property of the designated target that are
             | subject to U.S. jurisdiction are blocked, and U.S. persons
             | are generally prohibited from engaging in transactions with
             | them. Additionally, any entities 50% or more owned by one
             | or more designated persons are also blocked. In addition,
             | financial institutions and other persons that engage in
             | certain transactions or activities with the sanctioned
             | entities and individuals may expose themselves to sanctions
             | or be subject to an enforcement action.
             | suex.io.  676 IN SOA ns-648.awsdns-17.net. awsdns-
             | hostmaster.amazon.com. 1 7200 900 1209600 86400
             | 
             | suex.io's hosting is gone due to OFAC's ruling: Amazon is
             | barred from providing them service.
             | 
             | They used to take Visa & Mastercard[2] - even if they were
             | online today, they wouldn't find a payment processor in the
             | world willing to touch them: that would expose the payment
             | processor to OFAC sanctions which is as close to
             | "existential risk" as you can get in finance.
             | 
             | Suex was listed on the SDN list[3]. As a result no US based
             | exchange can touch any crypto from those addresses. If,
             | say, you wanted to cash out that crypto by sending it to
             | Coinbase, they'd be legally required to freeze it and deny
             | you access to it: otherwise, they're at risk of OFAC
             | sanctions.
             | 
             | Every bank in the US monitors the OFAC SDN list, and as a
             | result, they will be monitoring transactions. If Suex
             | attempted to move their money into a bank account
             | controlled by the US, they'd be blocked. But most likely
             | their accounts are already frozen, because OFAC
             | jurisdiction attaches when funds pass through any US
             | financial institution or any foreign financial institution
             | owned by a US person.
             | 
             | OFAC has recently decided that _the mere presence_ of US
             | dollars in a financial transaction is sufficient to
             | establish jurisdiction: if Suex had their entirely foreign
             | owned bank process any transactions in dollars, this would
             | cause a US counterparty to indirectly provide financial
             | services to an SDN. This risks sanctions at their foreign-
             | owned bank.
             | 
             | At the end of the day, most global financial institutions
             | assume a US nexus is present and deny any service to
             | targets of US sanctions - the risk is much lower.
             | 
             | To wrap this up, OFAC has published an interesting guide[4]
             | to sanctions that directly relate to cryptocurrency, and
             | it's well worth a read.
             | 
             | [1]: https://home.treasury.gov/news/press-releases/jy0364
             | 
             | [2]:
             | https://web.archive.org/web/20210414074952/https://suex.io/
             | 
             | [3]: https://home.treasury.gov/policy-issues/financial-
             | sanctions/...
             | 
             | [4]: https://home.treasury.gov/system/files/126/virtual_cur
             | rency_...
        
               | orthecreedence wrote:
               | This is really interesting. I've long thought of as the
               | US' empire being a primarily financial one (as opposed to
               | military, like many other past empires) and I didn't even
               | realize OFAC existed until reading your comment, much
               | less the types of activities they engage in. This
               | certainly cements my suspicions even more about the
               | financial empire of the US and how they exercise that
               | power.
               | 
               | Thanks for the post.
        
         | BitwiseFool wrote:
         | I'm not saying they _shouldn 't_ be shut down, but I genuinely
         | wonder how that process would work. People don't have an
         | account with Tether itself, so how would they be able to compel
         | people to "return?" the Tethers and get their cash back?
        
           | skybrian wrote:
           | In theory, by announcing a changeover period and a deadline
           | for turning them in? If they don't, it's on them.
           | 
           | A similar thing was done when upgrading national currencies
           | to the Euro: https://europa.eu/european-union/about-
           | eu/euro/exchanging-na...
        
           | WalterSear wrote:
           | * They don't need to? If Tether, the company, disappeared,
           | the market can decide what to do with the, now entirely
           | unbacked, Tether cryptocurrency.
           | 
           | * Tether, the company, can freeze specific Tethers they have
           | issued, making them unusable as currency. Whoever shuts them
           | down might be able to force them to do this en masse.
        
             | BitwiseFool wrote:
             | That's the thing, though, Tether is supposed to be holding
             | all these assets and individuals are able to redeem Tethers
             | proportionally. Leaving aside the strict notion of 1 Tether
             | = 1 Dollar convertibility, just closing up shop would mean
             | all those actual real world assets now belong to... who
             | exactly?
        
               | WalterSear wrote:
               | I'm confused as to what 'real world assets' you are
               | referring to.
               | 
               | If Tether goes away, any value goes with it, like a gift
               | card to Blockbuster's.
               | 
               | Fwiw, it's likely just the _pretence_ of redemption that
               | would go away - it may never have been really there.
               | Tether is explicit that they only redeem Tethers at their
               | discretion. While they also specify that they will only
               | redeem them for high value, non-US parties, I suspect
               | this is misdirection.
               | 
               | There is no evidence of any appreciable redemption going
               | on, though they have announced the burning of $1.5
               | billion Tethers - all in the last six months. According
               | to Tether, this is because they just 'keep them for
               | later'.
               | 
               | https://cointelegraph.com/news/tether-explains-why-it-
               | hasnt-... https://cointelegraph.com/news/bitfinex-is-
               | constantly-printi...
        
         | paulgb wrote:
         | I'm more surprised that anyone still _holds_ Tether, unless
         | they 're stuck with it. The company has been caught in lies
         | several times before, it's not as if a $41M fine will turn them
         | honest.
        
           | ur-whale wrote:
           | >I'm more surprised that anyone still holds Tether,
           | 
           | The price BTC shooting up right now (it is around $61k as I
           | write this) is probably because lots of USDT holders are
           | starting to realize what a bad idea that is.
           | 
           | If you were in their shoes ... what would you be doing right
           | now?
        
             | leppr wrote:
             | The BTC price increase is because of rumors of a US BTC ETF
             | being approved. The Tether fine is a non-event in crypto
             | social networks.
        
           | knownjorbist wrote:
           | Lending rates for USDT on the major decentralized lending
           | platforms are more favorable than other stablecoins.
        
             | sdhfjgjh wrote:
             | The lending rates are higher because lenders are paid a
             | premium for owning a potentially worthless (USDT
             | denominated) credit. The idiom that comes to mind is
             | "picking up pennies in front of a steamroller".
        
               | gammarator wrote:
               | Basic question: why doesn't this affect the currency pair
               | exchange rate? If lending rates reflect the (realistic!)
               | idea that holding 1 USDT is less valuable than holding 1
               | USD, how does 1 USDT trade at par?
        
               | humaniania wrote:
               | The platforms that deal in USDT have a very strongly
               | vested interest in seeing its continuation. To the long
               | term detriment of nearly everyone else.
        
               | ZephyrBlu wrote:
               | I'm assuming because a lot of people would lose a lot of
               | money if it stops trading 1:1.
        
               | sdhfjgjh wrote:
               | If the price is under $1, the backer can purchase the
               | coins with reserves and pocket the difference. The price
               | will only depart from the peg if selling forces the
               | market price down and the backer doesn't have enough
               | reserves to purchase tokens sold beneath the peg. This
               | scenario is similar to a bank run and would require high
               | selling volume to set if off.
               | 
               | The lending rates are determined by a separate mechanism
               | and reflect the probability of a future departure from
               | the peg.
        
               | bluecalm wrote:
               | Once the peg is broken it will collapse quickly. That
               | means it's in their interest to keep the peg. If they
               | have enough reserves (hard to imagine they have even 5%
               | in cash but maybe they managed to buy enough BTC with
               | their tokens to keep afloat for a while) they can keep
               | the facade going for a very long time (until some kind of
               | bank run is triggered).
        
               | humaniania wrote:
               | Many people are also assuming that unlicensed unregulated
               | offshore exchanges keep 100% of client funds in reserve.
               | LOL.
        
               | SilasX wrote:
               | It flips back and forth with USDC, which one is higher,
               | at least on compound.finance. Right now USDC is higher,
               | but it's been different. Here are the historical charts
               | (click the "borrow" tab, doesn't seem to be a way to link
               | it with that one selected):
               | 
               | https://compound.finance/markets/USDC
               | 
               | https://compound.finance/markets/USDT
               | 
               | For example, on October 7, it shows USDT at over (sorry,
               | "north of") 13%, while USDC was (sorry, "clocked in at")
               | ~5%.
        
               | leppr wrote:
               | The rates are mostly affected by sudden changes in
               | demand.
               | 
               | The demand for Tether comes mostly from Binance and the
               | other centralized Asian exchanges. The demand for Circle
               | dollars comes from the DeFi ecosystem and FTX.
        
             | SilasX wrote:
             | Really? I've been using compound.finance, and it
             | fluctuates, heavily -- sometimes a lot less than USDC,
             | sometimes a lot more.
             | 
             | Edit: More details in my other comment:
             | https://news.ycombinator.com/item?id=28882422
        
         | 300bps wrote:
         | Or why outright lying that every Tether was backed by a U.S.
         | dollar is termed "misleading".
         | 
         | It's incredible - they had 4x as much Tether as dollars backing
         | it and lied about audits taking place that never happened.
        
           | BbzzbB wrote:
           | More than 7x ("at one point")
        
             | [deleted]
        
             | WalterSear wrote:
             | That was then. This is now:
             | 
             | https://pbs.twimg.com/media/FBwhKnmXEAE1whT?format=jpg&name
             | =...
        
               | BbzzbB wrote:
               | The fact the number of Tethers in circulation basically
               | never goes down even when the crypto market gets more
               | then halved says it all as far as I'm concerned, but
               | without an investigation it is speculation. I was
               | referring to the ratio highlighted by the article.
        
         | [deleted]
        
         | JumpCrisscross wrote:
         | > _why this is something they can settle rather than something
         | that gets them completely shut down_
         | 
         | I'm a Tether sceptic. I wouldn't want to be the regulator
         | (note: not prosecutor, different standards) to shut it down.
         | 
         | There was a moment when I suspected Tether may hold U.S. dollar
         | money market securities. That would mean a collapse could spill
         | to our financial markets. But that doesn't seem to be the case.
         | The only people who would get hurt in its wake seems to be
         | those who choose to keep using Tether despite the screaming
         | warnings.
         | 
         | Those same people would make you public enemy No. 1 for
         | bringing down the house of cards. So given the problem is
         | contained to the people who oppose its solution, there isn't a
         | great argument for allocating regulatory resources to this over
         | anything else.
        
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