| | Good afternoon. We’re on the precipice of some historic news following the latest SEC vs. Grayscale appeals court ruling. That said, in the following issue, we’re going all in on the announcement, what it means for crypto + your portfolio, and whether the GBTC arbitrage trade still makes sense. | Today’s Big Stories: 🏆 Grayscale just scored a major victory against the SEC ❓ Is the GBTC arbitrage trade still in play? | Today's newsletter is 1,598 words, a 6-minute read. |
| |
| |
|
📌 MUST READS |
| Crypto Just Scored a Major Victory Against the SEC |
|
|
In a pivotal ruling for the crypto industry, the U.S. Court of Appeals for the D.C. Circuit unanimously sided with Grayscale Investments over its dispute with the SEC to convert its Grayscale Bitcoin Trust (GBTC) into a spot bitcoin ETF. |
Here's the most important line from the judge's ruling: |
The denial of Grayscale's proposal was arbitrary and capricious because the Commission failed to explain its different treatment of similar products. We therefore grant Grayscale's petition and vacate the order. | | Judge Neomi Rao |
|
|
In the judges view, the SEC has inconsistently rejected spot Bitcoin ETFs, particularly those from Grayscale, employing criteria that deviates far away from their historical practices for approving similar products. |
This undermines the SEC creditability big time… and significantly heightens the chance of a spot BTC ETF approval in the near future. |
As result, Bitcoin’s price spiked more than 5% on the news. |
What’s Next? There is no doubt about it – this is a major win for crypto as a whole and Grayscale more specifically. |
But the battle isn’t over, as we highly doubt the SEC goes down without a fight. |
As of today, the SEC now must re-review Grayscale’s ETF proposal. In the meantime, the SEC can make one of three decisions: |
Approve the application Pick a different reason to deny Grayscale's proposal and force more long and costly litigation Request an en banc hearing – a very rare situation in which all three judges attend a rehearing. The SEC would have to request this within the next 45 days.
|
So, today, crypto celebrates. Tomorrow, the fight continues… |
Here are some thoughtful opinions/threads on the matter: |
| Jake Chervinsky @jchervinsky | |
| 1/ Grayscale's victory over the SEC is *massive.* It's very rare for a federal circuit court to find that an agency has violated the APA by acting arbitrarily and capriciously. The DC Circuit just delivered a huge embarrassment for the SEC. But the ETF isn't approved yet 🧵 | | Aug 29, 2023 | | | | 5.1K Likes 1.36K Retweets 147 Replies |
|
|
| | Marisa Tashman Coppel @MTCoppel | |
| 1/ Massive win yesterday. Let’s dig into why the DC Circuit Court (!!!) ruled in favor of @Grayscale and against the @SECGov. To sum it up - the Court found that the SEC failed to coherently explain why it treated like products unlike. 🧵 grayscale.com/wp-content/upl… | | Aug 30, 2023 | | | | 42 Likes 12 Retweets 6 Replies |
|
|
|
|
Investment Musings Let’s just go ahead and say that this ETF does get approved. |
If so, what would actually happen?
A bump in prices: There’s no denying that a spot bitcoin ETF approval is extremely bullish for bitcoin prices in general. A significant amount of capital has been idly waiting for an opportunity like this to invest in bitcoin through a more conventional investment channel.
While we can’t guarantee higher BTC prices on the heels of an approval, we can look at the history of SPDR Gold Trust (GLD) – the largest physically backed gold ETF – to give us an idea...
GLD was launched back in 2004, just prior to the 2008 recession. Ever since, the price of the hard asset hasn’t looked back: |
|
The introduction of GLD made it significantly easier for individual investors, financial advisors, and institutional investors to invest in gold, leading to increased demand for the asset. We’re cautiously optimistic that a BTC ETF will have a similar market impact. |
A more mature asset: It's important to remember that while the introduction of a spot BTC ETF will make it easier to invest in bitcoin, it won’t be the sole driver of bitcoin prices. |
An approval, however, should dramatically decrease price volatility. |
A less volatile asset greatly benefits portfolio managers and institutional investors around the world, giving them more confidence that bitcoin can serve as a hedge and/or store-of-value in a portfolio, similar to gold. |
That said, one can expect – in the not too distant future with an existing spot BTC ETF – that bitcoin, like gold, could become increasingly reactionary to economic indicators, global crises, inflation rates, etc. (i.e. increasing interest rates will be a headwind… and decreasing rates will be a tailwind). |
In other words, if investors and assets managers treat bitcoin as digital gold, it should start trading a lot more like gold and (hopefully) a lot less than a speculative asset that abruptly swings after short squeezes, hacks, stablecoin depegs, Elon tweets, and so forth. |
The Only Catalyst That Matters Let’s review. For the past year and a half, the crypto industry has faced a lack of driving forces for price growth and positive developments. |
The main obstacle has come from ongoing scrutiny and regulatory challenges from key figures in D.C. The absence of clear guidelines and the SEC’s ongoing game of whack-a-mole has significantly hindered innovation and dampened enthusiasm in the crypto space. |
Think about it: who would want to build in crypto right now with today’s regulatory sh*tstorm? |
However, the potential approval of a Bitcoin ETF could be a game-changer. Truly. If regulators approve a spot ETF, then by proxy, they have to be more forgiving on many other crypto initiatives around bitcoin. |
So, are we optimistic about this? Without a doubt. |
Does the buzz surrounding the potential ETF merit the attention? Absolutely. |
However, it's important to note that the possible approval of this ETF isn't the sole factor that should command our attention in the crypto world. |
The reality is that the issues with traditional finance – what some might call "funny money" – remain unresolved. The harsh truth is that phony capitalism is still alive and well – arguably the worst it’s ever been. |
And in this context, bitcoin doesn't have to achieve anything specific after this ETF approval. It just simply needs to offer a more transparent and unprintable alternative to fiat currency. |
|
SPONSORED | Crypto Winter is Over | Standard Chartered analyst, Geoff Kendrick, said in a recent note: | “The collapse of Silicon Valley Bank and other mid-tier U.S. lenders has solidified the case for Bitcoin as a “decentralized, trustless and scarce digital asset […]” | He later went on to say … | “Crypto winter is over — and Bitcoin could hit $100,000 by the end of 2024” | But timing in crypto is absolutely critical. Investors who get it right can make fortunes. Investors who get it wrong can lose fortunes. | And right now, we currently have 6 cryptos on our list… all are very liquid… and very easy to trade. Click here for details. |
|
|
|
| Is the GBTC Arbitrage Trade Still In Play? |
|
|
While the latest regulatory news had a positive result on GBTC’s overall stock price, it also positively impacted its “discount”, tightening it from 25% to 18%. |
You see, although GBTC seems like a straightforward vehicle – giving investor’s a cleaner and safer way to own bitcoin rather than purchasing the underlying asset – since 2021 this hasn’t been the case. |
That’s because, in February, 2021 GBTC began trading at a discount, with the price of one share being valued lower than the bitcoin it represents. |
Although this was an annoying outcome for those who bought GBTC when it was trading at a premium, the discount allowed some traders to begin gobbling up shares to take advantage of the arbitrage opportunity. |
At its largest discount to Net Asset Value (NAV) of nearly 50% in December 2022, investors were being given a risk averse way to buy bitcoin at a huge discount. |
|
We even discussed the trade in December, 2022 the trade stating: |
Think about it… What this discount means is that you are able to buy BTC at a 47% discount! Sure, you have to pay Grayscale’s management fee, but you can’t beat buying an asset for 47% off. If the discount ever closes due to market forces or GBTC converting to an ETF (which it promises to do), then there is a huge arbitrage opportunity here. |
|
|
That’s because, we felt the discount had multiple ways it could close: |
DCG, the parent company of Grayscale, could reduce its fee structure, thus giving more incentive to people to own the Trust. What many people don’t realize is that GBTC charges fees on the NAV price as opposed to the share price of the Trust, which in our opinion is disingenuous to shareholders.
|
Positive signals of a potential bitcoin ETF being approved could bring in more buyers than sellers, thus helping close the gap.
|
And while DCG hasn’t shown any willingness to give up its golden goose of fees, between the recent Ripple ruling and yesterday’s SEC ruling, the discount has closed to less than 20%. |
So the question arises: does the trade still make sense, or is it too late? |
For that, we turn to one of our favorite investors and major GBTC shareholders, Boaz Weinstein. |
Now, most of you have never heard of Boaz Weinstein before. In fact, Mr. Weinstein goes to great lengths to keep a relatively low profile, but he is not only one of the best fixed-income investors of our time, he is also a major player in closed-end-fund arbitrage. You can learn more about him here. |
Yesterday, Boaz tweeted that he believes the trade is no longer attractive for multiple reasons. |
| boaz weinstein @boazweinstein | |
| My view on @gbtc here is that at today’s 15-18% discount to NAV, the trade is no longer attractive. With the uncertainly of: 1. time to close, 2. fees, 3. risk (however small), and 4. Lots of arbs potentially reducing their trade around here, it’s time to move on. twitter.com/i/web/status/1… | Panoptes @amadeopanoptes GBTC ⬆️ ReInsurance Rates ⬆️ @boazweinstein and @Arbtrader69 CEF ⬆️⬆️⬆️ |
| | Aug 29, 2023 | | | | 38 Likes 5 Retweets 8 Replies |
|
|
Let’s quickly break down what each one means. |
Time to close. This is simple. Boaz is saying that for new buyers betting on GBTC to convert to an ETF, it may take longer than you might expect. Fees. As we explained above, Grayscale charges a 2% fee on GBTC, impacting any potential gains one may derive from this trade. Risk. What if an ETF is denied again? What if Grayscale is hacked? What if, what if, what if… The point here is that there is still embedded risk in GBTC, no matter how much it has decreased recently. Lots of arbs potentially reducing their trade around here, it’s time to move on. Boaz believes that a lot of traders that invested in GBTC for the arbitrage opportunity may be exiting their positions, thus putting sell pressure on the stock. He believes it’s time for investors who are only in the trade to play the arbitrage opportunity to move on to another trade… maybe even backing him as he fights Blackrock.
|
Our take As much as people take jabs at DCG, GBTC, and Barry Silbert, we have to admit that the launch of GBTC was a pivotal moment that brought a huge amount of investors into crypto that may not otherwise have joined. |
With that being said, we tend to agree with Boaz here that for investors looking to simply partake in an arbitrage trade, this may not be the best one to go with now. |
But, for those that fundamentally believe in bitcoin, believe an ETF will be approved, and want to juice their returns by a potential 15 - 20%, buying GBTC today is a good way to play it. |
Just be careful. With all the recent negative happenings at Grayscale’s parent company DCG, there is more incentive than ever for the company to keep fees at the highest point possible. |
|
SPONSORED | Is This the End of the Magnificent Seven? | If you own Nvidia (NVDA), Amazon (AMZN), Tesla (TSLA), Google (GOOG), Microsoft (MSFT), or Meta (META)... you're going to want to watch this interview. | Although these tech giants have soared this year, a once-a-decade event could replace them with a new class of leading stocks. Here's who they might be » |
|
|
|
TWEET OF THE WEEK |
| Chris Burniske @cburniske | |
| Often newcomers to crypto investing want to put ~$1K to work, hoping to find the “next Bitcoin,” and turn that ~$1K into ~$1M — in search of a quick 1000x. They don’t realize they’re wanting to gamble, not invest. And learning to invest, through cycles, makes all the difference. | | Aug 26, 2023 | | | | 625 Likes 63 Retweets 38 Replies |
|
|
|
Other Content You Might Enjoy |
|
|
SPONSORED | Urgent Warning for Retirees: "The Death of Social Security" | Billionaire investor Stanley Druckenmiller recently released some shocking information about our nation’s retirement system, including irrefutable proof that the system is going bankrupt faster than Washington predicted. | If you’re nearing retirement, or already collecting benefits, you need to see this free report explaining how to protect your lifestyle and increase your retirement income. | Click here to learn more >> |
|
|
|
How did you like today's email? |
|
|
ABOUT COINSNACKS |
Launched in December 2017, CoinSnacks is home to the longest continuously running crypto newsletter. Each week, we publish our cryptoasset musings to an audience of ~30,000 crypto enthusiasts and investors. |
In a space flooded with new projects, research, and narratives, the average investor may feel overwhelmed or confused. CoinSnacks offers a solution by doing the digging for you, so you don't have to spend hundreds of hours sifting through the noise. |
|
REACH OUR AUDIENCE |
If you’re a brand interested in partnering with CoinSnacks to find your next customers, partner, or ally, we’d love to hear from you. Learn more here. |
|
JOIN OUR OTHER PUBLICATIONS |
| Stocks & Income Stocks and income investing. | Subscribe |
|
| Gold Playbook All your gold investing news in a single daily email. | Subscribe |
|
|