CFTC calls ETH a commodity in KuCoin complaint

The CFTC is seeking “civil monetary penalties” against KuCoin

article-image

DCStockPhotography/Shutterstock modified by Blockworks

share

The Commodity Futures Trading Commission filed a complaint against the companies that operate the crypto exchange KuCoin. 

“The complaint charges KuCoin illegally dealt in off-exchange commodity futures transactions and leveraged, margined or financed retail commodity transactions; solicited and accepted orders for commodity futures, swaps, and leveraged, margined or financed retail commodity transactions without registering with the CFTC,” the press release said.  

In the CFTC’s complaint against the exchange, the regulator says that KuCoin allowed investors to trade commodities including bitcoin, ether and litecoin. 

“These actions brought KuCoin squarely within the CFTC’s authority and required that KuCoin register with the CFTC and comply with all applicable regulations,” the suit said.

Read more: DOJ accuses crypto exchange KuCoin of skirting anti-money laundering laws

The CFTC said it seeks “disgorgement, civil monetary penalties, permanent trading and registration bans, and a permanent injunction against further violations of the CEA and CFTC regulations, as charged.”

The CFTC’s complaint follows a suit from the Department of Justice. The DOJ targeted the exchange and two co-founders, alleging that the defendants violated the Bank Secrecy Act.

The Commission said that from July 2019 to June 2023 the exchange didn’t implement know-your-customer (KYC) procedures. However, the KYC procedures offered to US customers were allegedly a “sham” and “did not prevent US customers from trading commodity interests and derivatives on the platform.”

Read more: Ether is the Schrödinger’s cat of crypto

The DOJ alleged that KuCoin failed to require KYC, and then — in July 2023 — the platform adopted a KYC program after it was made aware of a government investigation.

Because the exchange didn’t enforce anti-money laundering policies, KuCoin transmitted over $4 billion of “suspicious and criminal funds” and received $5 billion from operating “in the shadows of the financial markets.”

The CFTC and the DOJ actions aren’t the first government actions the exchange has faced. In December, KuCoin settled with the New York Attorney General’s office for $22 million. 

Late last year, both the DOJ and CFTC targeted another crypto exchange — Binance — in a multi-billion dollar settlement. Binance was also accused of anti-money laundering violations.


Get the news in your inbox. Explore Blockworks newsletters:

Tags

Decoding crypto and the markets. Daily, with Byron Gilliam.

Upcoming Events

Marina Bay Sands Singapore

October 7, 2026

DAS Asia is a a single-day summit at Marina Bay Sands Singapore featuring conversations between the builders, investors, and global leaders are shaping the trajectory of the digital asset ecosystem in Asia & North America.

Hilton Park Lane, London

November 10-11, 2026

DAS London is a two-day summit at the Hilton Park Lane in London featuring conversations between the builders, allocators, and policy makers who are shaping the trajectory of the digital asset ecosystem in the UK, Europe, and North America.

recent research

Sponsored Article Template - Zksync-X.jpg

Research

Banks like JPMorgan and Citi are racing to prove tokenized deposits can move onchain without breaking the rules that make them deposits in the first place. Tokenized deposits provide near-instant, around-the-clock settlement and programmability that legacy rails like wires and even FedNow can't match. However, bank issuance is gated by three requirements no stack has met at once: confidentiality, compliance, and interoperability with public liquidity. This is the problem ZkSync's Prividium was built to solve, and the Cari Network is its first deployment.

Newsletter

The Breakdown

Decoding crypto and the markets. Daily, with Byron Gilliam.

Blockworks Research

Unlock crypto's most powerful research platform.

Our research packs a punch and gives you actionable takeaways for each topic.

SubscribeGet in touch

Blockworks Inc.

133 W 19th St., New York, NY 10011

Blockworks Network

PodcastsNewslettersEventsRoundtablesAnalytics