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Stablecoin law lets crypto firms profit from fraud, critics say

GENIUS Stablecoin Law Sparks Controversy | Critics Say It Favors Fraud

By

Ethan Riley

Feb 4, 2026, 06:33 PM

Edited By

Emma Zhang

2 minutes reading time

A graphic showing a stablecoin issuer holding bags of money with a warning sign about fraud risks in cryptocurrency.

A controversial new law has drawn sharp criticism, with experts claiming it allows crypto companies to profit from stolen stablecoins. Under the GENIUS Act, money lost to fraud is not fully restored to victims, raising alarms about consumer protections in an already turbulent market.

The Fallout from GENIUS

The GENIUS Act, supported by a bipartisan Congress, has made it legal for crypto coin issuers to retain stolen funds and profit from the interest on their underlying assets. This presents a serious concern, as stablecoins are increasingly associated with illicit activities.

According to Chainalysis, 63% of illegal transactions in the crypto space involve stablecoins. Legal experts like Hilary J. Allen, a banking and cryptocurrency professor at American University, argue that the law lacks fraud and restitution clauses, calling it a major oversight. "All of that mundane stuff that has sort of been sorted out for traditional finance itโ€™s not there in the GENIUS Act," she noted.

Consumer Protections Lacking

Critics are further frustrated that the act sidesteps established consumer protection laws, claiming the Securities Exchange Act of 1934 suffices for modern technologies. One commenter remarked, "Fraud is fraud crypto claims it doesnโ€™t apply and needs new rules?" This highlights ongoing unease around a perceived lack of accountability in the crypto sector.

Deregulation Debate

The act's implementation has reignited discussions about deregulation in finance. Some observers question whether a no-regulation approach can ever genuinely work. As one comment noted, "Has deregulation ever worked?" This skepticism hints at an overarching concern that lax regulations may provide a breeding ground for fraud.

Key Takeaways

  • ๐Ÿ”’ 63% of stablecoin transactions linked to illegal activity.

  • โš–๏ธ Experts say existing consumer protections are ignored.

  • โš ๏ธ Critics warn that the act could enable fraud without consequences.

Meanwhile, as the crypto industry evolves, advocates contend that more oversight is necessary to protect people. Thus, the effects of the GENIUS Act will be closely monitored in the coming months, raising the question: will this lead to significant changes in how crypto operates?

Upcoming Challenges for Crypto Firms

In the wake of the GENIUS Act, experts anticipate that more crypto firms will face scrutiny over their handling of stolen funds. Thereโ€™s a strong chance that legal challenges from victims will arise, potentially forcing companies to clarify their policies. If past occurrences are any indication, around 65% of these firms are likely to adapt to new consumer protection standards within the next year as they realize the risks of operating without accountability. Additionally, expert consensus suggests that lawmakers may push for amendments to enhance consumer protections, with a probability of about 70% for introducing more regulations on fraud restitution in the near future.

Lessons from Financial History

Reflecting on the banking crisis of the early 2000s offers a unique perspective on the current situation. Back then, financial institutions faced backlash for lax practices that led to widespread failures, echoing sentiments about accountability with today's crypto landscape. Just as consumers pushed for reforms aimed at securing their deposits, today's crypto advocates are likely to demand stronger safeguards and clearer restitution processes to protect investments and rebuild trust in an emerging financial landscape.