Mark Zuckerberg Is Warned: Don't Use '100 Lawyers' to Find Regulatory Loophole for Cryptocurrency Platform
House Financial Services Committee members repeatedly asked for confirmation that Facebook and Libra will wait for the approval of U.S. regulators to bring the product to market.
October 24, 2019 at 02:00 AM
5 minute read
The original version of this story was published on The Recorder
Mark Zuckerberg told members of the House Financial Services Committee Wednesday that Facebook's cryptocurrency platform Libra will not launch in any country without the approval of U.S. regulators.
Zuckerberg said at least 10 times within the first two hours of the hearing that Facebook and Libra will wait for the approval of U.S. regulators to bring the product to market, but several committee members were not convinced.
Rep. Brad Sherman, D-California, said he fears Zuckerberg would use Facebook's legal muscle to bypass regulatory hurdles.
"Your lawyers are going to show that there's a loophole in a 1940s investment company act that gets you where you want to go, and the regulators can't stop you," Sherman said. "And you're going to call that regulatory approval as if the people of 1940 knew what you had in mind. What you've made clear is you will go forward unless Donald Trump-appointed regulators stop you, and you will go forward if you can find loopholes in statutes."
Sherman warned Zuckerberg against relying on his lawyers telling him he is free and clear to move forward with Libra.
"I know you've got at least 100 lawyers that will tell you what you're doing is legal and that you will be safe," he said. "Given the harm that this can do, they can be really wrong. If this explodes the way it might, you won't be able to hide behind the idea that you didn't create the Libra organization."
Zuckerberg assured the committee that Facebook will pull out of the independent body steering Libra, called the Libra Association, if it moves forward without regulatory approval.
"I would hope the association would weigh our recommendation and what we say publicly that we think should happen," Zuckerberg said. "But if at the end of the day, we don't receive the clearances we think we need to move forward and the association decides to move forward without us, I think we will be in a position where we will not be a part of the association."
Committee Chairwoman Maxine Waters kicked off the hearing by saying Facebook uses its influence over one-third of the world's population to skirt regulations.
"That's clear to me that perhaps you believe you're above the law," said Waters, a Democrat from California. "It appears you are aggressively increasing the size of your company and are willing to step on or over anyone, including your competitors, women, people of color, your own users and even our democracy to get what you want."
Zuckerberg acknowledged that the backdrop of privacy and disclosure controversies the company has experienced in recent years might not inspire confidence in his ability to launch the payment service.
"I think this is something that needs to get built, but I get that I'm not the ideal messenger right now," he said. "We've faced a lot of issues over the past few years. And I'm sure there are a lot of people who wish it were anyone but Facebook who were helping to propose this."
The committee members also asked for lists of the regulators Zuckerberg is working with domestically and abroad. The Facebook executive said his team is cooperating with Switzerland's financial and data regulators.
Rep. Carolyn Maloney, D-New York, said Libra would fall under the jurisdiction of several regulators, including The Federal Reserve, Federal Deposit Insurance Corporation; The Office of the Comptroller and Currency, U.S. Securities and Exchange Commission; Commodity Futures Trading Commission; and the Consumer Financial Protection Bureau. She asked Zuckerberg which regulators Facebook will specifically seek approval from.
"Probably all of them for different things," Zuckerberg said. "I think the processes with each of them will be different. All of the regulators that have jurisdiction over a part of what we're doing, we'll work with them and will seek approval from."
Wednesday's hearing follows calls for an immediate moratorium led by Waters and a team of Committee Democrats in July.
"Because Facebook is already in the hands of over a quarter of the world's population, it is imperative that Facebook and its partners immediately cease implementation plans until regulators and Congress have an opportunity to examine these issues and take action," the lawmakers wrote in a letter to Zuckerberg. "During this moratorium, we intend to hold public hearings on the risks and benefits of cryptocurrency-based activities and explore legislative solutions. Failure to cease implementation before we can do so, risks a new Swiss-based financial system that is too big to fail."
Waters also requested a moratorium in June.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Public Notices/Calendars
- 2Wednesday Newspaper
- 3Decision of the Day: Qui Tam Relators Do Not Plausibly Claim Firm Avoided Tax Obligations Through Visa Applications, Circuit Finds
- 4Judicial Ethics Opinion 24-116
- 5Big Law Firms Sheppard Mullin, Morgan Lewis and Baker Botts Add Partners in Houston
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250