
The Justice Department said the CLARITY Act could make money laundering prosecutions harder. The bill, which cleared a Senate panel in May, designates the CFTC as lead regulator for digital commodities.
The Justice Department warned that the Digital Asset Market Clarity Act, or CLARITY Act, could make it harder to prosecute money laundering cases involving crypto, according to a department statement.
The bill, introduced in May 2025, assigns the CFTC as the lead authority over digital commodities – assets that are integral to blockchain operations. The goal is to bring clear rules to a market that has operated under overlapping and sometimes conflicting agency oversight.
The House Financial Services subcommittee approved the bill last year. The Senate Banking Committee passed it on a 15-9 vote in May 2026. The full Senate has not yet scheduled a vote.
The Justice Department's objection centers on the act's definition of digital commodities. The narrower classification could remove some tokens from the category of securities or commodities in ways that complicate anti-money laundering cases, the department said. The current framework allows prosecutors to charge under multiple statutes depending on the asset's classification. The CLARITY Act could limit those options.
Supporters of the bill say the opposite is true. Assigning a single agency to oversee digital commodities will give law enforcement a clearer point of contact and a consistent set of rules, they argue. The bill also requires semiannual disclosures of ancillary assets and bans federal officials from issuing or endorsing digital assets, measures intended to increase transparency.
For the crypto market, the outcome of the legislative process carries weight. A clearer regulatory framework could draw institutional investors who have stayed on the sidelines. The compliance costs for projects that issue tokens could rise, especially if they must meet new disclosure requirements.
The Senate Banking Committee's markup was the last major legislative action on the bill. No date has been set for a floor vote.
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