Kraken’s Australian Arm Fined $5.1M: What Went Wrong?

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In yet another crypto crackdown, Kraken’s Australian branch, Bit Trade, has been hit with a significant $5.1 million penalty after violating Australian financial laws. The global scenario is changing and countries are putting hefty fines for violations of financial laws.

Recently the Australian Securities and Investments Commission (ASIC) took action after the company issued margin trading products to more than 1,100 customers without ensuring the product was suitable for them. While the market is waiting for a Santa rally this isn’t exactly the news you want to see. 

What Went Wrong?

The issue centers around Bit Trade’s margin extension product, which functions like a loan for customers to trade more than their available funds. This product was offered to customers without a proper assessment of whether it fits their financial situation, resulting in losses of over $5 million. ASIC found that the company did not carry out the necessary checks, which could have prevented these issues.

ASIC had initially sought a $12.8 million fine but the court found this excessive, opting for the $5.1 million penalty instead. Bit Trade had requested a reduction to $2.5 million, but the judge deemed this insufficient.

Many investors, including one who lost nearly $4 million, suffered significant losses. ASIC’s chair, Joe Longo, emphasized that this case highlights the need for crypto firms to follow regulatory guidelines to protect consumers.

Court Ruling

In its ruling, the Federal Court of Australia determined that the margin product offered by Bit Trade was, in fact, a credit facility. This required the company to follow specific rules, including issuing a “target market determination.” This document, which outlines which consumers are most suited for a financial product, was missing.

As a result, the court imposed a penalty, marking the first instance of such a fine for failing to provide this essential public document, and the firm was asked to pay the fines within 60 days.

Kraken’s Response

Kraken, through a spokesperson, expressed disappointment in the ruling, arguing that it could have negative effects on Australia’s economy. However, the company remains committed to cooperating with policymakers and regulators to ensure they meet the necessary legal requirements moving forward.

This fine underscores the importance of compliance within the crypto sector, especially as governments increasingly crack down on financial products that fail to meet consumer protection standards.

What Next?

Interestingly with effect from the recent crackdowns, Kraken is shutting down its NFT marketplace to focus on new projects and has already laid off 15% of its staff in a restructuring move. Despite these setbacks, the exchange is still planning to launch its Layer-2 blockchain, ‘Ink,’ in 2025. Kraken is also considering an IPO, with potential regulatory changes in the US next year keeping that possibility open.