Hey
@Unreliable Witness were you going to post the other side too?
"Following several years of investigation and access to extensive information about the companies and their operations, the CFTC has concluded its review.
The CFTC’s Order found no issues relating to Tether’s current operations. In fact, the Order related to certain disclosures about the reserves from more than two and a half years ago. As the Order recognizes, these issues were fully resolved when the terms of service were updated in February 2019."
From:
https://tether.to/en/statement-on-tethers-settlement-with-the-cftc
Its maybe better to look back on what the CFTC have written rather than a Tether statement.
As background, the CFTC was only investigating the period up to 25 February 2019, even though the settlement concluded in October 2021 (it takes time to investigate). Specifically, it was investigating the claim (at the time by Tether) that all USDT was 1:1 backed by fiat currency in Tether's bank accounts, i.e. for every USDT, Tether had 1 USD (or equivalent value in another fiat currency such as Euros) in its bank account.
The summary of the outcome can be read at
https://www.cftc.gov/PressRoom/PressReleases/8450-21 and the full order at
https://www.cftc.gov/media/6646/enftetherholdingsorder101521/download
The CFTC "finds that from at least June 1, 2016 to February 25, 2019, Tether misrepresented to customers and the market that Tether maintained sufficient U.S. dollar reserves to back every USDT in circulation with the “equivalent amount of corresponding fiat currency” held by Tether and “safely deposited” in Tether’s bank accounts. In fact Tether reserves were not “fully-backed” the majority of the time. The order further finds that Tether failed to disclose that it included unsecured receivables and non-fiat assets in its reserves, and that Tether falsely represented that it would undergo routine, professional audits to demonstrate that it maintained “100% reserves at all times” even though Tether reserves were not audited."
In other words, Tether's marketing said that all USDT was backed 1:1 with fiat currency when it wasn't. Interestingly, the CFTC found that it was 'backed' with unsecured receivables (debts that might not be recoverable), which is what a significant proportion of USDT could continue to be backed with (the commercial paper that makes up 31% of its reserves). Of course, I don't know because Tether doesn't disclose exactly what the commercial paper is, but if it is now secured, why not disclose the fact that it is secured?
But then Tether might not really know either because "The order recognizes that Tether has not completed an audit of the Tether reserves." That statement is in the present tense, so I assume it is true as of the date of the publication of the order - October 2021. Additionally, until 2018, Tether had a manual process for calculating the value of reserves, which was only periodically updated.
To come back to your post, I don't disagree with anything that Tether states in its press release:
Tether's claim that "The CFTC’s Order found no issues relating to Tether’s current operations." is true. It is true because the CFTC was not looking at Tether's current operations (as at October 2021 when Tether put out that press release) - only those up to the date it started investigating.
The order did relate to certain disclosures about the reserves from two and a half years prior. That is what the CFTC was investigating.
The issues (that Tether was lying about holding 1 USD equivalent of fiat currency for every USDT minted) were fully resolved because Tether changed its claim to every USDT being backed by 1 USD worth of assets.
But the findings of the CFTC don't exonerate Tether. In fact, they show that Tether misrepresented (lied) about what USDT was backed by, that some of the cash that it was in fact "backed" by were held in bank accounts owned by other companies, and that there were no contracts (evidence of legal obligations) with other companies whose "commercial paper" it supposedly held.
You also have to remember that the CFTC's investigation was "settled" by Tether agreeing to pay $41million. Part D of the Order is interesting - in return for the payment, the CFTC agreed to limit the reporting of what it found to that which Tether consented. In other words, if Tether hadn't settled, the CFTC might have released other information.
The CFTC Order doesn't answer the question of how liquid Tether is today. To repeat what I wrote in an earlier post, if the holders of $74 billion wanted to exchange their USDT today, could Tether find that $74 billion? Or would the holders have to accept a lower value than 1 USD? If they would have to accept a lower amount then the coin isn't stable.
We just don't know because Tether isn't transparent. That is a risk that holders of USDT should factor in to their decision to hold.