TD Cowen Puts US Crypto Bill at One-in-Three Odds as Five Hurdles Pile Up
Washington, April 22, 2026.
Washington, April 22, 2026. Wall Street analyst Jaret Seiberg at TD Cowen has cut his probability estimate for the Digital Asset Market Clarity Act passing the Senate and returning to the House this year to roughly 33 percent, citing five distinct obstacles: the stablecoin yield dispute that has dominated recent headlines and four additional complications that have received less public attention. India alone accounts for an estimated 100 to 150 million crypto users, and stablecoin transaction volumes across Sub-Saharan Africa are substantial, making the bill's fate more than a Washington procedural story for the millions of people who depend on US-issued stablecoins for remittances and trade.
The CLARITY Act (H.R. 3633) is the most comprehensive crypto market structure bill the US Congress has attempted. It would designate the Commodity Futures Trading Commission (CFTC) as the primary watchdog for digital commodities and create the first unified federal licensing framework for exchanges and token issuers, while preserving Securities and Exchange Commission (SEC) authority over primary token offerings. The bill cleared the House in 2025 but has stalled in Senate committee. A May markup session is now considered the last realistic opening for a July passage window before election-season politics close the door.
Five Problems, Not One
Seiberg's pessimism rests on a cluster of problems operating simultaneously. The stablecoin yield compromise reached in March 2026, which blocked passive returns on stablecoin holdings while permitting activity-based rewards, remains fragile under continued banking-sector pressure. The other four hurdles are receiving less public attention.
The CFTC, the agency slated to receive broad new crypto oversight powers, currently has just one active Republican commissioner. Four seats have emptied over the past year. Democratic senators have conditioned their support on the White House nominating a full slate of commissioners before or during passage. A chronically understaffed agency cannot credibly administer the regulatory architecture the bill would create.
The Trump family's World Liberty Financial (WLF) venture, a DeFi platform co-founded by Eric Trump, sits at the centre of a separate conflict-of-interest problem. The Trump family holds rights to 75 percent of WLF token sale revenues after expenses and is estimated to have received approximately $412.5 million from the venture through mid-2025. Critics, including Senators Elizabeth Warren and Jack Reed in a formal letter to the DOJ and Treasury, allege that WLF sold governance tokens to entities with alleged connections to sanctioned states. Warren and Reed wrote that the company has "taken money from people with open and obvious connections to enemies of the United States." The market structure bill, in its current form, would exempt governance token issuers from certain recordkeeping and beneficial ownership disclosure requirements, a provision that critics including members of the Senate Banking Committee say would make enforcement harder. Separately, WLF has applied for a national banking charter with the Office of the Comptroller of the Currency, a step critics describe as collapsing the separation between Trump administration oversight and a business that stands to profit directly from crypto regulation.
The fourth hurdle is geopolitical. Iran's Islamic Revolutionary Guard Corps (IRGC) has been demanding fees of up to $2 million per vessel to transit the Strait of Hormuz, accepting payment in Bitcoin, Tether (USDT), or Chinese yuan routed outside conventional banking systems. IRGC-linked addresses processed more than $3 billion in crypto transactions in 2025, up from $2 billion the prior year. In January 2026, the US Treasury's OFAC designated two UK-registered crypto exchanges, Zedcex Exchange Ltd. and Zedxion Exchange Ltd., for processing IRGC transactions. At least one analyst has noted that Iran could specifically demand payment in USD1, the Trump family-affiliated stablecoin, a scenario that would create an extraordinary convergence of political and sanctions-evasion concerns. For legislators, the optics are severe: the same stablecoin infrastructure the CLARITY Act proposes to legitimise is already embedded in Iran's sanctions-evasion trade network.
The fifth obstacle is procedural. Because the Senate version diverges significantly from the House-passed bill, the House would need to vote again. That adds a second legislative climb to an already congested calendar.
What Markets Think, and What Analysts Think
Prediction markets currently price the probability of a 2026 signing at around 72 percent, a figure sharply at odds with TD Cowen's 33 percent estimate. Seiberg himself has been blunt: "The signs are not pointing to success." Galaxy, a crypto investment firm, has placed the odds at roughly 50 percent or lower. Senator Mark Warner, previously a bill supporter, has lowered his own estimate from approximately 80 percent to 50 to 60 percent, according to The Block.
White House crypto adviser Patrick Witt has pushed back on the pessimism. "We're very close to closing them out," he said in mid-April, referring to the non-stablecoin obstacles. "All of these issues felt intractable and unsolvable at one point in time." On banking-sector opposition to the yield compromise, Witt was less diplomatic: "It's hard to explain any further lobbying by banks on this issue as motivated by anything other than greed or ignorance."
The Regional Stakes
For users outside the US, the bill's fate carries real financial consequences. Stablecoins account for 43 percent of all crypto transaction volume in Sub-Saharan Africa. South Africans sending money to neighbouring states face average remittance fees of around 15 percent on a $200 transfer, more than double the G20 average of 6.8 percent. A clear US federal framework would strengthen the legal standing of USDC and USDT issuers and support broader fintech integration across African corridors. The picture is not entirely positive, however. Heightened US scrutiny tied to Iran concerns could increase compliance burdens for African exchanges already navigating underdeveloped local regulatory frameworks and FATF grey-listing pressures. Nigeria's ongoing SEC exchange licensing process and South Africa's FSCA crypto provider authorisation programme illustrate how deeply US enforcement decisions will ripple through African markets. Continued gridlock leaves the broader infrastructure in a regulatory grey zone, while aggressive US action carries its own compliance costs for operators on the continent.
South Asia has equally direct exposure. Pakistan's newly enacted Virtual Assets Act, signed in March 2026, explicitly authorises USDT and USDC for licensed remittance corridors serving a $30 billion annual flow. Pakistan also shares a border with Iran, and substantial informal trade flows between the two countries mean that any US tightening of stablecoin compliance requirements around Iran-adjacent corridors could create significant compliance headwinds for Pakistani exchanges facilitating cross-border trade in Central and South Asian corridors. India's estimated 100 to 150 million crypto users are watching the bill's DeFi provisions closely, though India's regulatory challenge is not primarily one of uncertain classification. The existing framework imposes a 30 percent tax on crypto gains and a 1 percent TDS on transactions, policies designed more to discourage than to enable, and the CLARITY Act's outcome will shape how much room Indian market participants have to operate internationally. For both markets, an understaffed CFTC after passage would delay the enforcement guidance that cross-border service providers need to build compliant infrastructure.
The May markup hearing will be the clearest signal yet of whether the bill has a path forward. If it does not proceed there, the 2026 window effectively closes.