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Home»Legal»Elizabeth Warren is using PancakeSwap to force Trump’s regulators into a conflict trap they can’t escape
Legal

Elizabeth Warren is using PancakeSwap to force Trump’s regulators into a conflict trap they can’t escape

NBTCBy NBTC23/12/2025No Comments8 Mins Read
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On Dec. 15, Elizabeth Warren put two names at the top of a letter that signals where she thinks US crypto policy is actually written: Treasury Secretary Scott Bessent and Attorney General Pamela Bondi.

The ask is simple on paper but awkward in practice. Are their departments investigating what she calls “national security risks” tied to decentralized exchanges, and if so, how far does that scrutiny go when the president’s business orbit is part of the story?

The hook she chose is PancakeSwap, a DeFi venue that, in Warren’s telling, sits at the uncomfortable intersection of “no account needed” trading and the kind of money that can end up on sanctions slides.

In the letter, she pointed to reporting that PancakeSwap has been used to launder cybercrime proceeds tied to North Korea. She then turned the compliance argument into a Washington fight, saying PancakeSwap has been “drumming up interest” in coins tied to the Trump family’s main crypto company, World Liberty Financial (WLFI), and citing a Wall Street Journal report claiming that over 90% of trades in USD1 took place on PancakeSwap.

The cleanest way to read the letter is to ignore the rhetoric and look at the three questions at the end. She asked Treasury and DOJ to describe national security risks tied to DEXs (including PancakeSwap) and spell out gaps in statutory and regulatory authority that could be closed.

She also wants lists of actions the agencies will take to prevent conflicts of interest and insulate enforcement and national security decisions from crypto-related conflicts, explicitly including “business ties to the Trump family.” She set a response deadline of Jan. 12, 2026.

What Warren asked for and why PancakeSwap got named

Warren’s choice of target matters because it’s a proxy for a bigger argument she’s made for years: if a service looks and behaves like a financial venue, regulators shouldn’t accept “but it’s decentralized” as a get-out-of-compliance card.

Her press release makes that case bluntly, describing DEX activity at scale and arguing that platforms like PancakeSwap and Uniswap can move huge volumes without requiring users to register or provide identification. In her view, that lets users route around KYC expectations that apply elsewhere in finance.

She also anchors the pitch to an illicit-finance example, pointing to North Korea-linked hackers and asserting that PancakeSwap was used to facilitate laundering tied to a major theft, with a dollar figure attached.

You don’t have to buy every implication in that framing to see why it’s effective politics. The word PancakeSwap is sticky. It makes a sprawling argument about DeFi, sanctions, and AML feel like a single addressable problem, the way Enron and Lehman Brothers became shorthand in prior crises.

It also lets her pose a question that Treasury and DOJ can’t answer comfortably in public. If they say they’re investigating, they risk disclosing sensitive enforcement posture. If they say no, they hand her a quote she can easily weaponize against crypto.

Under the hood, the mechanics are messy in ways that are easy to miss. A decentralized exchange isn’t one company in one building. It’s a set of smart contracts, liquidity pools, routers, front ends, and wallet tooling that can be hosted, mirrored, geofenced, or forked.

Enforcement can hit identifiable chokepoints, like a hosted front end or a developer entity, but you can’t shut PancakeSwap down with a single switch like you can freeze a bank account.

That’s where Warren’s first two questions do real work. She’s not just asking whether they’re investigating. She’s asking for a catalog of risks and for a map of legal gaps, which is another way of saying: if the current toolkit doesn’t reach DeFi cleanly, tell Congress what to rewrite.

It’s oversight as discovery, and it doubles as pre-writing the talking points for whatever legislative language comes next.

The third question is the one that makes this letter more than a DeFi compliance scold. Warren is asking the agencies to explain how they’ll prevent political interference and conflicts tied to the Trump family’s business interests.

That’s a demand for process guarantees, the kind that get invoked when the public doesn’t trust the referee.

To be fair, there are serious counterpoints here, and they’re not trivial.

First, DeFi is unusually transparent compared with traditional finance: flows are public, and sophisticated analytics can trace patterns quickly. Second, a lot of DEX activity is plain-vanilla trading by normal users, market makers, and arbitrageurs. Third, the industry has been experimenting with compliance tooling around protocols, including wallet screening, sanctions checks, and front-end controls.

Whether you think that’s enough is a policy judgment, but it’s not accurate to treat DeFi as a lawless void with no ability to monitor anything.

The deeper tension is that DeFi makes it easier for bad actors to move value without account creation, while also making it easier for everyone else to audit flows in real time. Warren leans hard on the first half, and her critics lean hard on the second.

Both halves are true enough to keep this fight going.

How a stalled bill can turn Warren’s oversight mail into policy

The timing of the letter is the plot twist. Congress is “considering crypto market structure legislation,” Warren writes, and that phrase does a lot of heavy lifting.

In July, the House passed a market-structure bill that would build a federal framework for crypto and expand the CFTC’s oversight role, which the industry has wanted for years.

Yet a House vote doesn’t resolve the Senate, and market-structure legislation is still stalled there, even as the broader attitude toward crypto has softened in other parts of government.

This is why Warren’s “pressure-as-process” approach matters. When legislation drags, letters become leverage because they create a record, force responses, and shape the narrative that lawmakers use to justify a yes vote, a no vote, or a demand for carve-outs.

You can see the continuity by looking one month back. On Nov. 17, Warren and Jack Reed wrote to Bessent and Bondi about World Liberty Financial and its governance token $WLFI.

They cited reports that token sales reached buyers tied to sanctioned or illicit actors, and explicitly tied that issue to market-structure talks in Congress. The letter spends pages on the governance angle, arguing that token ownership can translate into influence, and it repeatedly returns to conflict questions tied to the Trump family’s financial interest in the project.

Read together, the November WLFI letter and the December PancakeSwap letter form a two-part argument that’s hard to ignore if you’re a senator trying to use “responsible innovation” language without looking naïve.

Part one says: a Trump-linked crypto venture may create a national-security risk via who buys in and who gets governance influence. Part two says: the trading venue that may concentrate liquidity for a Trump-linked coin is also the kind of DeFi rail that illicit actors can use.

That doesn’t prove wrongdoing, and it doesn’t prove the Trump family is receiving special treatment. What it does is raise the political cost of writing a market-structure bill that goes light on DeFi or punts conflict safeguards to “later.”

If you’re negotiating Senate text, Warren is essentially telling you that “later” will show up as a headline, and she’s pre-loading the headline.

There’s also a pragmatic read if you assume nobody here is acting in bad faith. Even crypto-friendly lawmakers can look at DeFi and admit a basic problem: the US has a patchwork of AML expectations, and DEXs don’t fit cleanly into categories built for banks, brokers, and money transmitters.

Warren is pushing the agencies to say, in plain English, whether their authority is enough, and if it’s not, what they’d want Congress to hand them. That’s a legitimate oversight function, even if you find her tone exhausting.

The balanced takeaway is that Warren’s campaign can produce two very different outcomes, depending on how Congress and agencies react. One path is a narrowly tailored set of obligations that target interfaces, promoters, and identifiable intermediaries, while acknowledging that code isn’t a customer and a liquidity pool can’t file a SAR.

The other path is broad, vague language that treats decentralization itself as suspicious, which would push activity offshore, encourage shadow front ends, and make it harder for US users to interact with the most liquid markets under US legal protections.

Either way, the letter is a tactic that treats politics as infrastructure. When the Senate can’t get a bill across the finish line, the record becomes the battlefield, and Warren is trying to write the terrain in advance.

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