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FinCEN Proposes Insane Special Measures

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Yesterday’s FinCEN rule proposal is incredibly overbroad, comprehensive, and perfectly designed to allow arbitrary information collection at any scope they choose to enforce. It truly is a mind-blowingly large grab attempt at private information of anyone they can get their hands on. They want all regulated entities — VASPs, banks, financial institutions or entities like casinos, etc. — to by default submit reports of any transactions interacting with mixing within 30 days of noticing the relevant transaction and its association to mixing activity. Currently, most exchanges and businesses keep these records anyway, but they do not by default send copies of them to regulators unless deeper inspection actually merits a reason to do so. FinCEN wants that to change.

To really get a sense for the scope of things, the first thing to look at is the definitions of mixing provided in the proposal. Obviously, the act of mixing is obscuring the source of funds, but the specific technical definitions they give for what falls under the definition of mixing are incredibly broad when looked at together. Let’s go through them:

“Pooling or aggregating [funds] from multiple persons, wallets, addresses, or accounts” This encompasses so many different activities other than a traditional custodial mixing service. Lightning channels? That is multiple persons pooling and aggregating funds together. Multisig wallets held by multiple people in general are doing the same thing. Just combining a recent withdrawal from Coinbase with coins you had from Kraken from the point of view of both exchanges is pooling funds from multiple addresses. According to the language of this proposal, something that just happens on a regular basis in the normal course of using Bitcoin, with no attempt whatsoever to obscure or render private anything about the activity, fits into the definition of mixing. “Using programmatic or algorithmic code to coordinate, manage, or manipulate the structure of a transaction” Again, that completely covers the Lightning Network. Coinjoins fall into this definition. In fact…you know what? This is so ridiculously and absurdly broad — it doesn’t even specify manipulating the structure of a transaction to attain obfuscation of the source of funds — that this literally encompasses any piece of Bitcoin software that handles making and signing transactions. 100% of the transactional activity on the Bitcoin blockchain out of sheer logical necessity fits this definition of mixing. “Splitting [funds] for transmittal and transmitting the [funds] through a series of independent transactions” This is also incredibly broad. How are legitimate independent transactions between the same parties to be distinguished from a single transaction split into many for obfuscation purposes? What about situations where that is a perfectly legitimate thing to do for no reason other than your personal privacy? What if I only have three different UTXOs that three separate people know about, and I don’t want to reveal to all three of them my payment history with the other two in order to make a payment requiring all three UTXOs? Does opening multiple independent Lightning channels with the same node constitute this? “Creating and using single-use wallets, addresses, or accounts, and sending [funds] through such wallets, addresses, or accounts through a series of independent transactions” So default behavior of the super majority of Bitcoin wallets — not reusing addresses — constitutes mixing? When I go to my exchange to withdraw with a unique address every time, are they required to consider that action “mixing” my coins? Do physical Bitcoin bearer instruments constitute “single-use wallets?” “Exchanging between types of [cryptocurrencies] or other digitals assets” So every single person trading NFTs, dumb tokens, utility tokens, and just outright shitcoins, whether on an exchange or on-chain through different mechanisms, is now mixing? “Facilitating user-initiated delays in transactional activity” Uhm..timelocks in Lightning? Any type of 2FA rate limited multisig set up? Just the DCA scheduled withdrawal function at different on-ramps? All of this is now mixing?

The definition of [cryptocurrency] mixer is “any person, group, service, code, tool, or function that facilitates [cryptocurrency] mixing.

Now of course, FinCEN carves out an exception for regulated businesses and institutions covered by the proposed rules for “internal processes” (i.e. the DCA withdrawal functions mentioned above) so as to not interfere with their business operations, provided they can provide the required records to law enforcement whenever required. If a business is unsure whether or not activity they engage in falls under the category of mixing and the exemption, they must by default begin maintaining the required records to provide to law enforcement if required.

Of course, no such exemption exists for private individuals simply seeking to maintain the privacy of their financial activity from the public. Here is the information, within 30 days of being noticed by a business subject to the proposed rule, that would be required to be reported to the government, for every single transaction:

The amount of cryptocurrency transferred, in native units and USD value at the time. The cryptocurrency involved. The mixer protocol/service/etc. used, if known. Any addresses associated with the mixer used.Any addresses associated with the user who mixed. The TXID of the relevant transaction. The date of transaction.Any IP addresses associated with the transaction. A “narrative” explaining context, the transaction itself, what the institution did, etc.

In terms of private information about the user involved in the transaction, here is the information proposed to be collected and directly reported to the government for every transaction:

User’s full name. User’s date of birth. User’s full address.User’s email address.User’s IRS Taxpayer Identification Number (TIN) or foreign equivalent.

Now really think about the broad scope of things that FinCEN is proposing to define as mixing, and the type of information they want directly reported to the government every time a regulated business in this space sees a customer engage in any of those behaviors. These rules, if enacted, would allow FinCEN at any point to arbitrarily capture almost any activity on the blockchain and deputize every regulated business in the space to act as an outsourced chainanalytics service tagging, cataloging, and reporting all of the information to the government.

The authority to propose and enact rulings like this is authorized to the Secretary of the Treasury under the Banking Secrecy Act, and delegated to FinCEN by the Secretary. Under the BSA the Secretary is allowed to mandate the retaining of records of net flows of money and individual transactions, mandate additional record keeping requirements or reporting requirements for certain types of transactions, or prohibit maintaining or allowing accounts or services that allow for specific types of transactions, as long as they can argue a material risk of money laundering. During this assessment they are required to consult with the Secretary of State and the Attorney General, and consider the extent to which the relevant class of transaction facilitates money laundering and terrorist financing weighed against the extent to which that class of transaction facilitates legitimate business and commerce.

Their argumentation that it presents a material risk of money laundering and terrorist financing leans on all the factual examples of bad people mixing you would expect them to. Ransomware, exchange and cross-chain bridge hacks, etc. They bring up TornadoCash, and North Korean groups mixing funds with it, its use in laundering funds from bridge hacks, etc.; all of the big examples of exactly the type of activity these proposed rules are meant to stop that have been detected, analyzed, and cataloged on-chain are trotted out. But when it comes time to analyze the legitimate uses of mixing?

They can’t determine or assess the percentage of legitimate mixing because of a lack of data.

Yeah, you read that right. When it comes to identifying activity on-chain that suits their argument, they have a bounty of examples to cite and point to, but when it comes to activity that would bolster the counter-argument, the data is somehow not there to be found. It’s not possible to watch and analyze the transactions happening on-chain, regardless of whether they are coinjoins, centralized mixing services, or whatever flowing into those mixers and determine if there are “illicit connections.” It’s impossible to look at the percentage coming from regulated exchanges where you know some record is present if you need it. It’s impossible to look at what coins are coming from places like darknet markets. It’s also completely impossible to see what percentage of the outflows from those mixers go to regulated exchanges, or innocuous transactions not intersecting with any known “illicit activity”, versus obvious illegal activity like back into darknet markets.

The data just isn’t there for some mystical reason. I call bullshit. It’s right there, just like it is for the cases of someone like North Korea hacking an exchange and mixing the stolen funds. They’re just going to pretend it isn’t so they can create a legal justification to take all this information businesses are already processing and storing and make a nice complete copy in the hands of government regulators themselves.

This is nothing short of a systematic preparation for an enforcement crackdown, and potentially progressively increasingly antagonistic regulatory scheme. The nature of how FinCEN has to argue just cause to enact new rules centers around scrutinizing the nature of specific classes of transactions. The overly and absurdly broad definitions of “mixing” in this proposal would essentially take everything broken down in the six definitions provided and bring them together under the same class of transactions, “mixing.” After having shown just cause to categorize and regulate them as a single class, there is a much sounder footing to further carve this single general class into subclasses, and argue just cause to subject specific subclasses to extra regulatory burdens. At the end of the day, they can also prohibit entirely specific classes of transactions given a sound enough argument for mitigating serious harm to the financial system or US geopolitical interests.

First and foremost, this must be routed around. Every substantial piece of Bitcoin should be designed with the possibility of jurisdictions becoming unfriendly to them, if not outright hostile. The scope of this is something all of you should be seriously considering when thinking about how you have interacted with Bitcoin, how you do interact with Bitcoin, and how you are going to interact with it in the future.

But that said, this is also something that should be fought. The scope of it is insanely overbroad in its attempted reach, and the reasoning behind the positive outcomes outweighing the harmful is just fundamentally broken. They just pretend they can’t even ascertain the data to weigh them against each other in the first place.

Actions on the part of the government aren’t going to be absurd jokes that will be easily ignored, or easily routed around anymore. Things are going to continue becoming more reasoned through in effectively achieving the outcome they want, and that is something that all of us need to start taking more seriously. 

​ FinCEN proposes regulations that would allow them to force businesses to report transaction details on almost anything they want. 

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Texas State Rep Files For Strategic Bitcoin Reserve

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Follow Nikolaus On 𝕏 Here For Daily Posts

Today, Texas State Representative Giovanni Capriglione officially filed for a Strategic Bitcoin Reserve bill for the state of Texas during a 𝕏 spaces with Dennis Porter of Satoshi Action Fund, a Bitcoin advocacy organization working with politicians on pro-Bitcoin legislation.

To summarize, the bill would effectively:

  • See Texas buy and hold bitcoin as a strategic reserve asset.
  • Securely store the BTC in cold storage for at least five years.
  • Allow Texas residents to donate bitcoin to the reserve.
  • Ensure transparency via yearly reports and audits.
  • Allow state agencies to accept cryptocurrencies, and convert them to bitcoin.
  • Establish rules for security, donations, and management.

“This Act takes effect immediately if it receives a 12 vote of two-thirds of all the members elected to each house, as 13 provided by Section 39, Article III, Texas Constitution,” the legislation states. “If this Act 14 does not receive the vote necessary for immediate effect, this Act 15 takes effect September 1, 2025.”

This is yet another step towards America embracing Bitcoin, fueled by President-elect Donald Trump and Senator Cynthia Lummis’ lead by introducing a Strategic Bitcoin Reserve bill for the United States earlier this year. The hype around implementing a Strategic Bitcoin Reserve has caused a snowball effect of other states and countries introducing legislation to adopt one as well. Other states like Pennsylvania and countries like Russia and Brazil are among those introducing bills for a Strategic Bitcoin Reserve.

“Chairman Capriglione is the Chair of the Texas Pensions, Investments, and Financial Services Committee so this bill has legs!” commented Lee Bratcher, President of the Texas Blockchain Council. “No taxpayer funds will be spent on the bitcoin.”

 Representative Giovanni Capriglione filed it live during a 𝕏 spaces. 

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Can Realized Cap HODL Waves Identify The Next Bitcoin Price Peak?

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Bitcoin’s cyclical nature has captivated investors for over a decade, and tools like the Realized Cap HODL Waves offer a window into the psychology of the market. As an adaptation of the traditional HODL waves, this indicator provides crucial insights by weighting age bands by the realized price—the cost basis of Bitcoin held in wallets at any given time.

Currently, the six-month-and-below band sits at ~55%, signaling a market with room to grow before reaching overheated levels historically seen around 80%. In this article, we’ll dive into the details of Realized Cap HODL Waves, what they tell us about the market, and how investors can use this tool to better navigate Bitcoin’s price cycles.

Click here to view the Realized Cap HODL Waves live chart on Bitcoin Magazine Pro.

Understanding Realized Cap HODL Waves

At its core, the Realized Cap HODL Waves chart shows the cost basis of Bitcoin held in wallets, grouped into different age brackets. Unlike traditional HODL waves, which track the total supply of Bitcoin, this chart accounts for the realized value—a measure of the price at which Bitcoin was last moved.

The key insight? Younger age bands (e.g., coins held for six months or less) tend to dominate during bullish phases, reflecting rising market optimism. Conversely, older age bands gain prominence during bearish phases, often coinciding with market bottoms when investor sentiment is subdued.

This dynamic allows the chart to serve as a barometer for market cycles, identifying periods of overheating or underpricing with remarkable accuracy.

Why 80% Is Critical: Historical Context

The chart reveals that when short-term holders—represented by the six-month-and-below age bands—make up 80% or more of the total realized cap, Bitcoin is often nearing a major market peak. This level historically aligns with euphoric price action, where speculative mania drives the market.

For example:

  • 2013 Bull Market: The six-month band surpassed 80% during Bitcoin’s meteoric rise, marking the peak of the cycle.
  • 2017 Bull Market: A similar pattern occurred as Bitcoin reached its then-all-time high of $20,000.
  • 2021 Bull Market: Peaks in the short-term bands preceded corrections, reinforcing the indicator’s predictive value.

At the current ~55% level, there is ample room for Bitcoin to grow before reaching the overheated territory historically seen near 80%.

What the Data Tells Us Today

The latest Chart of the Day, shared by Bitcoin Magazine Pro, underscores the importance of this indicator. Here are the key takeaways:

  • Room for Growth: With the six-month-and-below bands at 55%, the market appears to be in a healthy growth phase with significant upside potential.
  • No Overheating Yet: Historically, overheating occurs when these bands exceed 80%. This suggests Bitcoin has room to run before encountering similar conditions.
  • Cycle Perspective: The current cycle aligns with early-to-mid-stage bull market behavior, where newer investors are accumulating, and optimism is building.

The ETF Effect: How Bitcoin ETFs Could Impact Realized Cap HODL Waves

Unlike previous Bitcoin cycles, 2024 marks a significant shift with the introduction of Bitcoin ETFs. These financial products, designed to provide institutional and retail investors easy exposure to Bitcoin, have the potential to reshape the on-chain data reported by tools like Realized Cap HODL Waves. While this indicator has historically been a reliable measure of market cycles and price peaks, the dynamics of this cycle may differ.

Bitcoin ETFs aggregate investments from numerous participants into centralized custodial wallets, reducing the number of active on-chain addresses and transactions. This centralization introduces unique challenges when interpreting Realized Cap HODL Waves:

  • Younger Age Bands May Underestimate Market Activity: ETF trading occurs off-chain, meaning that short-term transactions and active addresses might be underrepresented in the six-month-and-below bands. As a result, the indicator could suggest less market enthusiasm than is actually present.
  • Older Age Bands May Dominate: Long-term Bitcoin holdings within ETFs could shift realized value into higher age bands, making it appear that the market is more conservative and less dynamic than in previous cycles.

While ETFs bring increased liquidity and price discovery through traditional markets, they also introduce complexities for on-chain analysis. This shift highlights the importance of adapting how we interpret indicators like Realized Cap HODL Waves in the context of evolving market structures.

Why This Cycle May Be Different

With Bitcoin ETFs now playing a central role, this cycle may not follow the same patterns as previous ones. The historical success of Realized Cap HODL Waves in identifying price peaks remains noteworthy, but investors should consider that ETFs represent a new variable. Increased adoption via ETFs could lead to more significant price movements that are less directly visible in on-chain data.

As always, it’s crucial not to rely solely on one indicator for investment decisions. Tools like Realized Cap HODL Waves are best used to supplement broader market analysis, providing valuable insights into underlying market trends. By combining on-chain indicators with ETF inflow data and other metrics, investors can gain a clearer and more comprehensive understanding of Bitcoin’s price dynamics in this new era.

How Investors Can Use Realized Cap HODL Waves

For investors, the Realized Cap HODL Waves chart offers actionable insights:

  • Market Sentiment: Use the six-month band as a gauge of market euphoria or fear. Higher percentages indicate bullish sentiment, while lower percentages often signal consolidation or accumulation phases.
  • Cycle Timing: Peaks in younger age bands often precede corrections. Monitoring these levels can help investors manage risk during bullish cycles.
  • Strategic Positioning: Understanding when the market is overheating can help long-term holders optimize their exit strategies, while buyers may find opportunities during periods dominated by older age bands.

Conclusion: Bullish Outlook with Room to Run

The Realized Cap HODL Waves chart is an invaluable tool for understanding Bitcoin’s price cycles. With the six-month-and-below bands currently at 55%, the market shows plenty of upside potential before hitting overheated levels. For investors, this means the current phase offers an attractive opportunity to capitalize on Bitcoin’s growth trajectory.

As always, it’s crucial to combine this indicator with other tools and fundamental analysis. To explore more live data and stay updated on Bitcoin’s price action, visit Bitcoin Magazine Pro.

Disclaimer: This article is for informational purposes only and should not be considered financial advice. Always do your own research before making any investment decisions.

 The Realized Cap HODL Waves chart highlights how Bitcoin’s market cycles align with shifts in investor behavior. With short-term holders currently at ~55% of total realized value, the data suggests significant upside potential before the market overheats near 80%. 

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Why It’s Not Too Late to Invest in Bitcoin

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For years, Bitcoin skeptics have watched from the sidelines, waiting for a moment to join the ride, only to convince themselves that they’ve already missed the boat. However, the reality tells a different story. Not only is it not too late, but Bitcoin continues to prove itself as a superior investment option compared to traditional assets—whether you have $25 a week to spare or millions to allocate.

Bitcoin Magazine Pro has a free portfolio analysis tool, Dollar Cost Average (DCA) Strategies, which enables investors to measure Bitcoin’s performance against other leading assets like gold, the Dow Jones (DJI), and Apple (AAPL) stock. This powerful tool provides hard data to demonstrate how consistent, disciplined investing over time can lead to outsized returns, even with modest amounts.

The Bitcoin Magazine Pro Dollar Cost Average Strategies tool helps you explore different DCA parameters to see how your portfolio would have performed across different time horizons and investment levels.

What Is Bitcoin Dollar Cost Averaging?

Dollar cost averaging involves investing a fixed amount of money at regular intervals, regardless of the asset’s price. This strategy eliminates emotional decision-making and smooths out the effects of market volatility. By consistently buying Bitcoin over a defined period, investors benefit from market dips while building their portfolios over time.

Outperforming Traditional Assets Across Timeframes

Let’s break down the numbers using the DCA Strategies tool, starting with the last six months to emphasize recent performance::

  • 6 Months:
    Investing $25 weekly in Bitcoin would have turned $675 into $985.56, a 46.01% return. Meanwhile: Gold increased just 5.82%. Apple (AAPL) gained 10.32%. The Dow Jones (DJI) delivered a mere 7.34%.
  • 1 Year:
    With a total investment of $1,325 in Bitcoin, your portfolio would now be worth $2,140.20, reflecting a 61.52% return. By comparison: Gold increased by 14.50%. Apple gained 22.80%. The Dow Jones grew by only 11.36%.
  • 2 Years:
    A $25 weekly investment totaling $2,650 would now be valued at $7,145.42—a 169.64% return. Meanwhile: Gold rose by 26.56%. Apple grew by 36.22%. The Dow Jones delivered 21.13%.
  • 4 Years:
    The long-term case is even stronger. A $5,250 investment would now be worth $14,877.77, representing an incredible 183.39% return. In the same period: Gold increased by 37.26%. Apple gained 54.05%. The Dow Jones grew 27.32%.

Across every timeframe, Bitcoin outpaces traditional assets, offering compelling returns even during short-term periods of six months to a year.

Why Timing the Market Doesn’t Matter

For investors hesitant about entering the market now, it’s important to understand that Bitcoin’s long-term performance speaks for itself. Historical data shows that adopting a DCA strategy minimizes the risk of market timing while amplifying returns over time. Even small, regular investments compound significantly when Bitcoin appreciates.

Moreover, Bitcoin is no longer seen as a speculative asset but as a reliable store of value in a volatile economic landscape. With institutional adoption, technological advancements, and increasing scarcity due to its fixed supply, Bitcoin’s long-term outlook remains overwhelmingly positive.

Why You’re Still Early

The global adoption of Bitcoin is still in its infancy. Despite its impressive performance, Bitcoin’s total market capitalization is small compared to traditional asset classes like gold or equities. This means there’s still significant room for growth as more individuals, institutions, and even governments recognize its utility and value.

Despite Bitcoin’s impressive track record of outperforming gold in terms of returns, its market capitalization at the time of writing stands at only 10.82% of gold’s market cap. This highlights significant growth potential; at current market prices, Bitcoin would need to increase 9.24 times to reach parity with gold, translating to a projected price of $934,541 per BTC.  

This price target is in line with recent Bitcoin forecasts, including Eric Trump’s confident projection that Bitcoin’s price will reach $1 million.

With tools like Bitcoin Magazine Pro’s DCA Strategies, anyone can explore how small, regular investments can create exponential growth over time. Whether your starting point is $25 per week or $2,500, the data proves one thing: it’s never too late to start investing in Bitcoin.

A Tool for Every Investor

The DCA Strategies tool available on Bitcoin Magazine Pro allows you to customize your investment parameters, including purchase amounts, frequencies, and start dates. This flexibility empowers investors to create tailored strategies that align with their financial goals and time horizons.

The tool also provides comparative analysis against other assets, so you can clearly see how Bitcoin outperforms over time. This isn’t just a theoretical exercise—it’s actionable insight for anyone serious about building long-term wealth.

Conclusion: The Time to Act Is Now

For those sitting on the fence, thinking they’ve missed their chance, the data is clear: Bitcoin is not only a viable investment—it’s the best-performing asset of the decade. With a DCA strategy, even the most cautious investor can start small and reap the rewards of long-term growth.

It’s time to stop watching from the sidelines. Use Bitcoin Magazine Pro’s Dollar Cost Average Strategies tool to craft your investment approach today. If history repeats itself—and there’s every reason to believe it will—Bitcoin’s future is brighter than ever.

To explore live data and stay informed on the latest analysis, visit bitcoinmagazinepro.com.

Disclaimer: This article is for informational purposes only and should not be considered financial advice. Always do your own research before making any investment decisions.

This article is a Take. Opinions expressed are entirely the author’s and do not necessarily reflect those of BTC Inc or Bitcoin Magazine.

 Think you’ve missed the Bitcoin boom? Think again. Despite its impressive past performance, Bitcoin continues to be a top-performing asset, even in recent months. With strategies like Dollar Cost Averaging (DCA), you don’t need a fortune to start investing. Learn why Bitcoin outshines gold, the Dow Jones, and other traditional investments, proving it’s never too late to join the Bitcoin revolution. 

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