In this episode of The Crypto Exchange, hosts Ethan Ostroff and Genna Garver look back at 2025 — ultimately a pivotal year for digital assets and crypto regulation in the U.S. — drawing on Troutman Pepper Locke’s flagship publication, Financial Services Industry 2025 Digital Assets Year in Review. The report reflects insights from more than 10 of our firm’s practice areas and more than 30 attorneys, offering a comprehensive, cross-practice view of how the regulatory landscape is evolving.
Payward Financial’s Wyoming Special Purpose Depository Institution (SPDI), Kraken Financial, has received a master account from the Federal Reserve Bank of Kansas City, giving it direct access to the Federal Reserve’s core payment infrastructure. The approval, initially for a one-year term, allows Kraken Financial to connect directly to Fedwire and other Fed payment rails, a capability traditionally limited to insured financial institutions. As a general matter, digital assets, fintech and other firms that are not FDIC-insured have generally depended on correspondent banking relationships to move fiat funds over these payment rails.
On January 29, the U.S. Senate Committee on Agriculture, Nutrition, and Forestry (AG Committee), led by Chairman John Boozman (R‑AR), advanced S. 3755, the Digital Commodity Intermediaries Act (DCIA), on a party-line vote. The DCIA builds on the bipartisan, House-passed CLARITY Act to create a federal registration and compliance regime for key digital asset intermediaries. The DCIA also would provide a clear legal definition of “digital commodities” and establish a spot market digital commodity intermediary regulatory regime with the Commodity Futures Trading Commission (CFTC). In the press release, Chairman Boozman framed the vote as “a critical step toward creating clear rules for digital asset markets” that protect consumers while allowing innovation to thrive.
On January 28, the U.S. Securities and Exchange Commission’s (SEC’s) Division of Corporation Finance, Division of Investment Management, and Division of Trading and Markets issued a joint statement explaining how existing federal securities laws apply when traditional securities are “tokenized” on blockchain or other crypto networks.
In 2025, the U.S. digital asset landscape evolved more dramatically than in any year since the industry’s inception. A pro‑innovation White House, an active Congress, and key regulators — including the U.S. Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Office of the Comptroller of the Currency (OCC), the Department of
On January 29, Commodity Futures Trading Commission (CFTC) Chairman Michael S. Selig and U.S. Securities and Exchange Commission (SEC) Chairman Paul S. Atkins held a joint “Harmonization: U.S. Financial Leadership in the Crypto Era” event at CFTC headquarters in Washington, D.C. Billed as an opportunity to align the agencies’ approaches to digital assets and to advance President Trump’s goal of making the U.S. “the crypto capital of the world,” the event marked a clear pivot away from the fragmented, enforcement‑driven posture of prior years toward coordinated rulemaking and market‑structure reform.
The U.S. Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) have rescheduled their joint event, “SEC – CFTC Harmonization: U.S. Financial Leadership in the Crypto Era.” Originally planned for January 27, the program will now take place on Thursday, January 29, from 2:00 – 3:00 p.m. ET at CFTC headquarters in Washington, D.C.
The National Credit Union Administration (NCUA) has submitted a proposed rule to the Office of Management and Budget (OMB) to implement the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act. The proposal is not yet public. Once OMB completes its review, the rule will be published in the Federal Register with a public comment period.
On November 20, U.S. Senate Agriculture Committee Chairman John Boozman (R‑AR) and Senator Cory Booker (D‑NJ) released a new bipartisan discussion draft to create a federal spot‑market regime for “digital commodities” under the Commodity Futures Trading Commission (CFTC). The proposal, which expands upon the CLARITY Act approved by the House in July, would give the CFTC exclusive jurisdiction over cash and spot trading in covered non‑security crypto tokens, establish registration frameworks for exchanges, brokers, and dealers, impose listing and public‑information standards, require qualified custody and strict segregation of customer assets, enhance retail protections, and clarify bankruptcy treatment of customer property.
In two recent litigation status reports, the Consumer Financial Protection Bureau (CFPB or Bureau) indicated that it is working to issue interim final rules for both Section 1071 and Section 1033 in light of an opinion from the U.S. Department of Justice’s Office of Legal Counsel (OLC) concluding that the Bureau cannot lawfully draw funds from the Federal Reserve Board at this time. Specifically, as discussed here, the OLC concluded that the Federal Reserve System presently has no “combined earnings” from which the CFPB may lawfully draw funds under the Dodd‑Frank Act, and the CFPB has publicly stated it anticipates having sufficient funds to continue normal operations through at least December 31, 2025.