• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia
CommentaryBitcoin

If the SEC doesn’t regulate crypto assets, a new shadow finance industry could emerge

By
Patrick Augustin
Patrick Augustin
Down Arrow Button Icon
By
Patrick Augustin
Patrick Augustin
Down Arrow Button Icon
May 8, 2021, 11:00 AM ET
The SEC is delaying in deciding on approving a Bitcoin ETF, creating a risk of a shadow finance industry emerging, writes Patrick Augustin.
The SEC is delaying in deciding on approving a Bitcoin ETF, creating a risk of a shadow finance industry emerging, writes Patrick Augustin.Illustration by Fortune
Add Fortune on Google for similar content.

The Securities and Exchange Commission (SEC) is dragging its feet in deciding whether it should approve the listing of a Bitcoin exchange-traded fund (ETF) proposed by VanEck Associates Group. While it is good to be cautious, speed and political decisiveness are equally important. Otherwise we risk the rise of a digital shadow finance industry.

Cryptocurrencies are here to stay. The opportunities brought about by the digitization of assets and new financial technologies make it challenging to reverse the course of financial innovation.

CoinMarketCap, a price-tracking website for crypto assets, registered 4,501 cryptocurrencies in February 2021, up from 66 in 2013. The total market capitalization is estimated to be more than $2 trillion, with daily trading volumes north of $100 billion. The growth in cryptocurrency derivatives, financial securities that depend on the value of cryptocurrencies, largely outstrips that of spot markets.

Initial interest in institutional cryptocurrency investing was met with skepticism. JPMorgan’s CEO Jamie Dimon called Bitcoin a fraud and threatened to fire any employee trading in it, while longtime Bitcoin skeptic Kenneth Rogoff from Harvard University considers Bitcoin only a “hedge against dystopia.”

However, an increasing number of institutional investors are expressing their support in the industry. The cryptocurrency firm Coinbase recently completed a whopping $76 billion listing on the Nasdaq stock exchange. Tesla’s Elon Musk took a $1.5 billion stake in Bitcoin. Meanwhile, Jamie Dimon reversed course on his anti-Bitcoin agenda, and CBOE Global Markets filed for approval to list a Bitcoin ETF.

In the past, the SEC has persistently rejected proposals for regulated crypto ETFs based on the value of cryptocurrencies. Concerns relate to high price volatility in cryptocurrencies, the risk of market manipulation and fraud, and redemption risk.

ETFs are financial securities that closely track the performance of another financial security, such as Bitcoin, or a broad-based market index. They invest in a basket of securities or financial derivatives to deliver their promised performance. Investors can buy the ETF shares that are traded on a regulated exchange, just like they would with any stock, to invest in the performance of the ETF’s underlying assets. This may be particularly appealing in the case of cryptocurrencies, which trade on mostly unregulated digital exchanges that can be accessed only through digital wallets. These wallets have to be set up with each exchange and, therefore, expose investors to the counterparty risk of these unregulated platforms.

There is an active debate whether ETFs impact the underlying market. It has been shown that ETFs can indeed increase the price volatility of the underlying assets. However, because ETFs need to synchronize their prices with the prices of their constituents, any trading at the ETF level may trickle down to underlying securities. Through that mechanism, ETFs can actually improve price efficiency and quality in the underlying asset market. Relatedly, recent research shows that the listing of Bitcoin futures by the CME and CBOE in December 2017 was beneficial to price efficiency, market quality, and liquidity of Bitcoin prices.

The SEC’s anxieties are valid. Concerns about systemic risk and financial fragility are especially important when new financial technologies lead to a democratization of finance, especially now that potentially misinformed retail investors are drawn into markets through the gamification of financial trading. 

However, many of the concerns of market disruptions caused by ETFs are often linked to a buildup of market and risk concentration and leverage that goes undetected because of lack of disclosure and insufficient regulatory limits on leverage. These risks are the same for traditional and crypto ETFs and, therefore, require a uniform regulatory response for risk mitigation.

A much larger risk is the emergence of an unregulated digital shadow finance industry. The longer the SEC waits, the bigger the growth will be in unregulated cryptocurrency markets. Indeed, current growth in unregulated cryptocurrency markets is an order of magnitude larger than that in regulated ones.

The 2008 global financial crisis has shown the severe repercussions a major shock to the shadow banking system can have on the global economy. According to the International Monetary Fund, economic activity declined in half of all countries in the year following the crash, with possible long-term consequences for income inequality and migration. Shadow banking continues to be a concern for systemic risk, and there are concrete proposals for regulation.

The growing interest and applications for regulated investment products provide an opportunity to shape a safe and resilient digital financial system before it grows uncontrollably in unregulated markets. The U.S. already risks falling behind the curve, since neighboring Canada’s financial regulator approved its first Bitcoin ETF in February this year. In fact, Canada’s first ETF was launched a good three years before the introduction of the popular S&P 500 Trust ETF (or SPDR) in the U.S. 

With the extreme pace that financial markets are moving these days, the SEC cannot afford to deliberate for three years. Thus, the leadership of newly appointed SEC chair Gary Gensler is needed to shape the future development of the industry.

The risk of the emergence of a digital shadow finance industry is real. Let’s not waste the opportunity to avoid mistakes from the past.  

Patrick Augustin is an associate professor of finance at the Desautels Faculty of Management at McGill University.

Our mission to make business better is fueled by readers like you. To enjoy unlimited access to our journalism, subscribe today.
About the Author
By Patrick Augustin
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Commentary

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Commentary

Europe optimized its supply chains for cost. Now it must pay for resilience  
Commentarysupply chains
Europe optimized its supply chains for cost. Now it must pay for resilience  
By Richard SaynorJuly 16, 2026
8 hours ago
tony
Commentarydisruption
Genesys CEO: We can see firsthand how AI is changing — not replacing — work
By Tony BatesJuly 16, 2026
10 hours ago
d
CommentaryParenting
New School economist: Trump Accounts will widen America’s wealth gaps
By Darrick HamiltonJuly 16, 2026
12 hours ago
cape
CommentaryWorld Cup
The legend of Cape Verde: How an island of half a million built the best team at the World Cup
By André MartinJuly 16, 2026
13 hours ago
sb
Commentarynational debt
The national debt is over 100% of GDP and most of Congress is ignoring wishes to rein it in. It’s time to amend the Constitution
By Steve H. Hanke and David M. WalkerJuly 15, 2026
1 day ago
Is your AI really working? Why productivity isn’t the same as progress
Future of WorkBrainstorm Tech
Is your AI really working? Why productivity isn’t the same as progress
By Jamie GarverickJuly 15, 2026
1 day ago

Most Popular

FedEx CEO says we are in the middle of the biggest supply chain shift he’s seen in 35 years: ‘We are the referendum’
C-Suite
FedEx CEO says we are in the middle of the biggest supply chain shift he’s seen in 35 years: ‘We are the referendum’
By Fortune EditorsJuly 15, 2026
1 day ago
26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave
Law
26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave
By Barbara Ortutay, Alexandra Olson and The Associated PressJuly 15, 2026
1 day ago
He sold his last company to Palantir. Now he's betting $32 million that robots can fix construction's labor crisis
Innovation
He sold his last company to Palantir. Now he's betting $32 million that robots can fix construction's labor crisis
By Lily Mae LazarusJuly 15, 2026
1 day ago
Trump's 'American Flag Blue' in the Lincoln Memorial pool is already gray — and the Olympic canoer 'vandal' is fighting his arrest
Politics
Trump's 'American Flag Blue' in the Lincoln Memorial pool is already gray — and the Olympic canoer 'vandal' is fighting his arrest
By Matthew Daly and The Associated PressJuly 16, 2026
10 hours ago
MacKenzie Scott, Melinda French Gates, and Lauren Sánchez Bezos are rewriting the rules of billionaire giving—one quietly, one strategically, one very publicly
Newsletters
MacKenzie Scott, Melinda French Gates, and Lauren Sánchez Bezos are rewriting the rules of billionaire giving—one quietly, one strategically, one very publicly
By Sydney LakeJuly 14, 2026
2 days ago
Jamie Dimon understands why people are anti-rich: 'We have, in fact, left the lower-income folks behind' and 'that's kind of annoying'
Economy
Jamie Dimon understands why people are anti-rich: 'We have, in fact, left the lower-income folks behind' and 'that's kind of annoying'
By Eleanor PringleJuly 15, 2026
1 day ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.