Andrew Hinkes is general counsel, chief legal officer, and co-founder of Athena Blockchain Inc., an attorney at Carlton Fields, and an adjunct professor at the New York University Stern School of Business and New York University School of Law where he has taught “Digital Currency, Blockchains, and the Future of Financial Services” since 2018.
SEC Chairman Jay Clayton believes that as Bitcoin becomes more popular as a payment mechanism, more regulation may be needed.
FinCEN’s guidance treats Bitcoin like 'funds' or value that substitutes for currency, and that early court cases treated Bitcoin like money, funds, or funds equivalents.