California Fines Crypto Wealth Platform Nexo $500K Over 'Unlicensed' Loans

AI Summary3 min read

TL;DR

California fined Nexo $500,000 for unlicensed crypto-backed loans to thousands of residents, citing failure to assess borrowers' ability to repay. This adds to Nexo's ongoing U.S. regulatory issues, including previous multi-million dollar settlements.

Key Takeaways

  • California regulators fined Nexo $500,000 for offering unlicensed crypto-backed loans without proper borrower assessments.
  • Nexo must transfer California customer funds to a licensed U.S. affiliate within 150 days as part of the enforcement action.
  • This penalty adds to Nexo's history of U.S. regulatory troubles, including a $45 million total in fines for 2023 alone.
  • Experts warn that Nexo's compliance failures raise systemic concerns and could lead to further regulatory scrutiny.
  • Nexo has withdrawn from the U.S. market but faces challenges in re-entering due to its regulatory record.

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California. Image: Decrypt

California regulators have fined digital assets platform Nexo $500,000 for issuing thousands of "unlicensed" loans to at least 5,456 state residents, adding another enforcement action to the firm’s long-running regulatory troubles in the U.S.

The California Department of Financial Protection and Innovation said its examination found that Nexo Capital Inc., a Cayman Islands–based entity and part of the Nexo group, offered crypto-backed consumer and commercial loans without holding a valid state license and without evaluating borrowers' ability to repay, existing debt, or credit history, in a statement released Thursday.

"Lenders must follow the law and avoid making risky loans that endanger consumers—and crypto-backed loans are no exception," DFPI Commissioner KC Mohseni said in the statement.

Nexo must also transfer all funds of California residents to a licensed U.S. affiliate within 150 days.

In response to Decrypt's questionsa Nexo spokesperson said the resolution addresses "historical licensing and compliance matters."

"These do not reflect the company’s current operations, governance standards, or compliance framework," they said. "We maintain a constructive, ongoing dialogue with regulators as part of standard supervisory processes. Our focus remains on operating in line with regulatory expectations and building a resilient, well-governed business for our clients. Nexo has not resumed the provision of products or services in the U.S. yet."

 



The conduct cited by regulators occurred between July 26, 2018, and November 22, 2022, a period in which Nexo expanded its crypto-backed lending business before ultimately withdrawing from the U.S. amid mounting state and federal scrutiny.

Nexo has since shuttered its traditional crypto lending products for U.S. customers, maintaining only crypto-backed borrowing services abroad after a series of regulatory actions.

It marks yet another run-in between Nexo and California regulators, as two years ago, the DFPI co-led a multistate task force that secured a $22.5 million settlement over the company’s unregistered Earn Interest Product.

The same year, the U.S. Securities and Exchange Commission charged Nexo with failing to register its crypto lending product, imposing an additional $22.5 million penalty and bringing the firm’s total U.S. fines for 2023 to $45 million.

"The fact that Nexo failed basic ability-to-repay checks for thousands undoubtedly raises red flags about systemic compliance shortfalls, and consumers should heed these warnings," Kadan Stadelmann, Chief Technology Officer at Komodo Platform, told Decrypt.

He pointed to California's regulatory framework as critical for protecting consumers, noting that the state's regulation "leans towards overcollateralization to protect consumers against defaults, as well as borrower-focused protections which are needed to avoid a crypto version of the 2008 financial crisis."

After withdrawing from the U.S. in late 2022 amid multiple enforcement actions, Nexo’s bid to re-enter the market now faces scrutiny following the DFPI penalty and questions over its reliance on no-admit-no-deny settlements.

“The no-admit-no-deny settlements allowed Nexo to avoid admissions that could result in shareholder lawsuits or bar future licenses," Stadelmann said, while warning the company "could face further admissions, increasing fines, or regulatory monitors" as authorities scrutinize its compliance record.

“Other crypto companies have faced similar regulatory penalties, including the likes of FTX and Binance, and remain in business. Why not Nexo?” he quipped.

Editor's note: Adds response from Nexo spokesperson

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