Former CFTC Chairman Chris Giancarlo on Sunday told The Wolf Of All Streets podcast that the CLARITY Act is not a lifeline for crypto, and that failure would simply separate the builders from the bystanders.

Why Giancarlo Says The Industry Is Overselling Clarity

Giancarlo said the industry has made a tactical mistake by publicly declaring it cannot move forward without the bill.

“This is a change that is going to happen whether the CLARITY bill passes or not,” Giancarlo said. 

“It may change where it gets built and what gets built, but it’s not going to change whether this internet of value happens,” he added.

He said if CLARITY fails, the premium for courage goes up and the discount for fearfulness knocks weaker players out. 

Bitcoin (CRYPTO: BTC) and the broader crypto market have survived multiple regulatory winters without authorizing legislation, and Giancarlo said this cycle will be no different. “Fortune favors the bold,” he said.

Why He Thinks Democrats Cannot Pass It Either Way

Giancarlo said he suspects the ethics dispute is partly an excuse rather than the real obstacle. 

He argued that the hard left of the Democratic Party opposes crypto because it threatens government control over capital allocation, and that every Democrat facing a primary challenge from the left has little incentive to vote for it regardless of what the ethics language says.

He pointed to Senator Elizabeth Warren (D-Mass.) as an example, saying she built political power through Dodd-Frank’s control over capital allocation and views crypto as a direct threat to that authority.

What The Clarity Act Actually Gets Right And Wrong

Giancarlo said the bill has real value, including reauthorizing LabCFTC, the innovation office he created at the CFTC, and providing clearer regulatory jurisdiction between the SEC and CFTC. 

He said Paul Atkins and Brian Quintenz have aligned the two agencies in a way that did not exist under the Biden administration.

His main concern is that the bill extends the Bank Secrecy Act to crypto, which he called a surveillance framework that goes beyond what law enforcement needs and may violate Fourth Amendment privacy rights.

Why Prediction Markets Will Win Regardless

Giancarlo said the fight over prediction markets follows the same pattern as Uber versus taxi commissions.

State gaming commissions are protecting revenue streams, not public policy.

He argued that when participants set the odds on both sides of a market, they create a federally regulated marketplace rather than a state-regulated retail gambling establishment.

“The CFTC’s going to win these cases,” he said. “The Supreme Court’s going to rule that if it’s a market, it’s federally regulated.”

He said prediction markets will become as mainstream as ride-sharing, while casinos and sportsbooks will continue to attract customers alongside them.

Image: Shutterstock