{"id":20501,"date":"2024-12-28T08:22:14","date_gmt":"2024-12-28T13:22:14","guid":{"rendered":"https:\/\/sikaoer.com\/the-year-in-crypto-gary-gone-wild\/"},"modified":"2024-12-28T08:22:14","modified_gmt":"2024-12-28T13:22:14","slug":"the-year-in-crypto-gary-gone-wild","status":"publish","type":"post","link":"https:\/\/sikaoer.com\/the-year-in-crypto-gary-gone-wild\/","title":{"rendered":"The Year in Crypto: Gary Gone Wild"},"content":{"rendered":"


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As the Securities and Exchange Commission\u2019s five voting members sat before lawmakers on Capitol Hill in September, House Financial Services Committee Chair Patrick McHenry (R-NC) <\/span>pressed<\/span> the agency\u2019s head about a supposed lack of regulatory clarity regarding crypto.<\/span><\/p>\n

\u201cThe laws are clear, and it\u2019s written by the Supreme Court,\u201d SEC Chair Gary Gensler began to say before McHenry cut him off\u2014turning to Gensler\u2019s Republican-appointed colleague, SEC Commissioner Hester Peirce, to ask about the agency\u2019s stance on crypto regulation again.<\/span><\/p>\n

\u201cWe\u2019ve taken a legally imprecise view to mask the lack of regulatory clarity,\u201d Peirce responded, with Gensler just a few feet away. \u201cIt\u2019s always helpful to have Congress weigh in, but there certainly are some guidelines we could provide in this area that we have chosen not to.\u201d<\/span><\/p>\n

The exchange lasted minutes, but it underscored years-long tension over the SEC\u2019s regulatory approach to crypto. It also highlighted a partisan divide within the agency over whether broad swathes of the crypto industry fall under its remit, requiring digital asset firms to abide by the agency\u2019s decades-old rules relating to securities.<\/span><\/p>\n

Gensler, who once said that \u201c<\/span>everything but Bitcoin<\/span>\u201d falls under the agency\u2019s purview, served as a political cudgel this year, even as President-elect Donald Trump curried favor with the crypto industry. Nonetheless, Wall Street\u2019s top cop leaned into the agency\u2019s enforcement blitz, ticketing crypto firms for allegedly violating its rules while putting several others on notice.<\/span><\/p>\n

Gensler, who was appointed by President Biden to lead the SEC, indicated last month that his tenure was ending. He <\/span>signaled<\/span> he\u2019d leave when Trump begins his second term on January 20, 2025.<\/span><\/p>\n

Trump, delivering on one of his crypto-related campaign <\/span>promises<\/span>, has appointed former SEC commissioner Paul Atkins to replace Gensler.\u00a0<\/span><\/p>\n

\u201cI would expect Paul Atkins to have a completely different approach,\u201d Stephanie Avakian, a partner at WilmerHale, who formerly served as director of the SEC\u2019s Division of Enforcement, told <\/span>Decrypt<\/span>. \u201cHe is both experienced and practical and is well-known.\u201d<\/span><\/p>\n

Crypto advocates may be excited about the prospect of Atkins' leadership, but it remains to be seen where the nominee could take existing lawsuits against crypto companies like Binance, Coinbase, Ripple Labs.\u00a0<\/span><\/p>\n

Anthony Tu-Sekine, a partner at Seward & Kissel, told <\/span>Decrypt<\/span> the SEC could face reputational harm if it quickly abandoned the high-profile cases after pressing forward with them and <\/span>expending resources<\/span>.<\/span><\/p>\n

\u201cThe SEC is more like a supertanker than a race boat,\u201d Tu-Sekine said. \u201cDon\u2019t expect Atkins to become chairman and come out two days later and say we\u2019re dropping all those cases. <\/span>The staff has worked diligently on these cases, came to a conclusion about the law, and ultimately ended up convincing the higher-ups that a suit should be brought,\u201d he said.<\/span><\/p>\n

Capitol Hill<\/b><\/h2>\n

When Gensler was nominated to lead the SEC in 2021, industry participants were cautiously optimistic. However, Gensler\u2019s experience teaching a class on blockchain at MIT did not lead to clearer \u201crules of the road,\u201d as <\/span>some had hoped<\/span>.<\/span><\/p>\n

In maintaining that existing laws were sufficient to regulate digital assets, he emerged as an industry antagonist. An aggressive string of crypto-related enforcement actions meanwhile heightened advocates\u2019 concerns that the agency\u2019s approach was overzealous.<\/span><\/p>\n

Reflecting on his tenure as SEC Chair in November, Gensler stood by the agency\u2019s focus on fostering compliance with securities laws in the crypto market. Having drawn comparisons to the \u201c<\/span>Wild West<\/span>\u201d before, the sheriff hitched his agency\u2019s approach to protecting investors.<\/span><\/p>\n

\u201cThis is a field in which over the years there has been significant investor harm,\u201d Gensler <\/span>said<\/span>. \u201cFurther, aside from speculative investing and possible use for illicit activities, the vast majority of crypto assets have yet to prove out sustainable use cases.\u201d\u00a0<\/span><\/p>\n

That same day, 18 states <\/span>filed<\/span> a lawsuit against the SEC, alleging that the regulator\u2019s enforcement-based gambit violated the law. Brought by Republican attorney generals and the DeFi Education Fund, the accusations of regulatory overreach highlighted a sense of political angst that the President-elect had seized on months before.<\/span><\/p>\n

\u201cI will fire Gary Gensler on day one,\u201d Trump vowed at a Bitcoin conference in July. \u201cThe day I take the oath of office, Joe Biden and Kamala Harris\u2019 anti-crypto crusade will be over.\u201d<\/span><\/p>\n

Gensler\u2019s leadership was scrutinized <\/span>time<\/span> and <\/span>again<\/span> by Republican lawmakers on Capitol Hill, but the sentiment that existing laws were good enough received bipartisan pushback this year. As 71 Democrats in the House of Representatives <\/span>voted in favor<\/span> of a crypto market structure bill in May alongside Republicans, they signaled the status quo needed some form of overhaul.<\/span><\/p>\n

Both chambers of Congress also passed a bill that would have repealed <\/span>SAB 121<\/span>, SEC guidance requiring banks to recognize digital assets as liabilities on their balance sheets. After President Biden vetoed the bill, House members failed to override it. However, 21 Democrats <\/span>showed opposition<\/span> to Biden\u2019s veto, so there was bipartisan support there, too.<\/span><\/p>\n

The crypto industry\u2019s <\/span>unprecedented political spending<\/span> efforts in 2024 likely contributed to lawmakers' performance. The Democratic presidential nominee, Kamala Harris, later distanced herself from the SEC\u2019s approach, <\/span>advocating<\/span> for a regulatory framework as Election Day approached, but by that time, it was too late.<\/span><\/p>\n

As Vice President Harris rose to the top of the Democratic ticket, Rep. Wiley Nickel (D-NC) previously told <\/span>Decrypt<\/span> that there were signs the presidential nominee would take a \u201c\u200b\u200b<\/span>balanced approach<\/span>\u201d to crypto. Mark Cuban threw his hat into the ring as a potential successor to Gensler, but the billionaire\u2019s ambitions of leading the agency ultimately fell short.<\/span><\/p>\n

\u2018Not great for entrepreneurs\u2019<\/b><\/h2>\n

Even though the SEC faced several setbacks in court, the Commission had a banner year in terms of the amount of cash that enforcement actions brought in. Meanwhile, the agency pushed forward with high-profile lawsuits, tuning out the political heat that Gensler faced.<\/span><\/p>\n

In fiscal year 2024, the SEC secured <\/span>$8.2 billion<\/span> in penalties across 583 enforcement actions affecting U.S. capital markets. Of that sum, $4.5 billion came from a lawsuit against Terraform Labs and its founder, Do Kwon. They were <\/span>found liable<\/span> for civil fraud charges related to the $40 billion <\/span>collapse<\/span> of UST and LUNA in 2022.<\/span><\/p>\n

The lawsuit marked a major victory for the SEC, as a federal judge determined<\/span> that Kwon and Terraform Labs had offered LUNA and UST to investors as securities. However, the SEC encountered a significant setback in the Southern District of New York, where the case was filed.<\/span><\/p>\n

After <\/span>finding<\/span> that XRP, a token stewarded by Ripple Labs, was not \u201cnecessarily a security on its face,\u201d a federal judge ordered Ripple to pay <\/span>$125 million<\/span> in fines for XRP transactions that did violate the law. The SEC later <\/span>appealed<\/span> the ruling, but it had sought $2 billion in civil penalties after bringing the case in 2020\u2014before Gensler came to lead the agency.<\/span><\/p>\n

\u201cCharitably, the SEC got a bloody nose,\u201d Tu-Sekine said.\u00a0<\/span><\/p>\n

Still, the SEC was able to hold on to lawsuits against Binance and Coinbase. Last year, the regulator alleged that both firms violated its rules, allegedly operating as unregistered exchanges, broker-dealers, and clearing agencies, among <\/span>other accusations<\/span>.<\/span><\/p>\n

In March, a federal judge <\/span>found<\/span> that arguments alleging Coinbase offers investors unregistered securities were plausible, denying most of the company\u2019s motion to dismiss. In June, a federal judge ruled that the SEC\u2019s case against Binance could also <\/span>proceed<\/span>, while charges related to the leading crypto exchange\u2019s Simple Earn product and certain token sales were dismissed.<\/span><\/p>\n

Those lawsuits, along with <\/span>one<\/span> against crypto exchange Kraken, are ongoing. The legal costs associated with crypto-related enforcement actions are increasing, according to the Blockchain Association, an advocacy group that estimated the figure to be at least $400 million, using self-reported data from its member companies.<\/span><\/p>\n

\u201cWhile that creates a lot of work for lawyers, it is not great for entrepreneurs,\u201d CEO Kristin Smith told <\/span>Decrypt<\/span>. \u201cIn terms of whether their projects comply with the U.S. securities laws, they have to read between the lines of various court opinions and briefs that the SEC submits.\u201d<\/span><\/p>\n

Some lawsuits initiated last year came back to bite the SEC, namely the Commission's case against DEBT Box, a crypto mining firm. In August 2023, SEC attorneys attained an <\/span>ex parte<\/span> restraining order against the firm, freezing DEBT Box\u2019s assets before it could argue otherwise.<\/span><\/p>\n

In May, the case was dismissed as a federal judge ordered the SEC to pay $1.8 million for DEBT Box\u2019s legal fees. The regulator had made \u201cfalse and misleading statements\u201d in attaining the restraining order, Utah District Court Judge Robert Shelby found. A week later, the SEC <\/span>closed<\/span> its regional office that had brought the case, citing \u201csignificant attrition.\u201d<\/span><\/p>\n

Enforcement threats<\/b><\/h2>\n

Minutes after Gensler signaled his resignation in November, a federal judge in Texas dealt the agency another blow. By <\/span>expanding the definition<\/span> of \u201cdealer,\u201d the SEC would\u2019ve forced decentralized finance projects to register as securities exchanges and brokers. But the court found that measure was unlawful, ordering the SEC to axe the modifications in question.<\/span><\/p>\n

While the SEC has focused on crypto exchanges and digital asset issuers under Gensler\u2019s leadership, the Commission\u2019s scope expanded this year in terms of enforcement threats. Issuing <\/span>Wells Notices<\/span>, the SEC warned firms a lawsuit could be coming in areas previously untouched, such as decentralized finance (<\/span>Uniswap Labs<\/span>), NFTs (<\/span>OpenSea<\/span>), and gaming (<\/span>Immutable<\/span>).<\/span><\/p>\n

Additionally, the Commission issued enforcement warnings to companies such as the trading app Robinhood, <\/span>examining<\/span> its cryptocurrency offerings after the firm tried to <\/span>“register<\/span>\u201d its services with the agency, which Gensler had urged digital asset firms to pursue earlier.<\/span><\/p>\n

\u201cThis is not the way Americans expect our government to work,\u201d Robinhood\u2019s legal chief and former SEC commissioner Dan Gallagher later testified before Congress. \u201cRather than issue rules to provide regulatory certainty to an industry craving it, the SEC has instead targeted individual firms, including Robinhood, through regulation by enforcement.\u201d<\/span><\/p>\n

Ultimately, Gensler\u2019s leadership had \u201can immense chilling effect\u201d on the crypto industry, Katherine Snow, general counsel at Thesis, a venture capital firm, told <\/span>Decrypt<\/span>. Either forcing companies to axe projects or move overseas, she said the U.S. will have to pick up the pace to compete with regulatory progress on crypto made internationally.<\/span><\/p>\n

However, Snow saw one noticeable drawback with Gensler\u2019s slated departure. Over the past several years, legal minds across the industry have been united in fighting what was perceived as an existential threat.<\/span><\/p>\n

\u201cBecause we had this common enemy, everyone was able to really rally behind each other,\u201d Snow said. \u201cIt's going to be pretty fascinating to see what the approaches are of the various trade associations over the coming months and years, as we approach this new SEC.\u201d<\/span><\/p>\n

Edited by Sebastian Sinclair<\/p>\n

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<\/p>\n

Daily Debrief Newsletter<\/h3>\n

Start every day with the top news stories right now, plus original features, a podcast, videos and more.<\/p>\n<\/div>\n<\/div>\n<\/div>\n


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As the Securities and Exchange Commission\u2019s five voting members sat before lawmakers on Capitol Hill in September, House Financial Services Committee Chair Patrick McHenry (R-NC) pressed the agency\u2019s head about a supposed lack of regulatory clarity regarding crypto. \u201cThe laws are clear, and it\u2019s written by the Supreme Court,\u201d SEC Chair Gary Gensler began to […]<\/p>\n","protected":false},"author":1,"featured_media":20502,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[46],"tags":[],"class_list":["post-20501","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-trending-cryptos"],"yoast_head":"\nThe Year in Crypto: Gary Gone Wild - Sikaoer - The Best Crypto News Site.<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/sikaoer.com\/the-year-in-crypto-gary-gone-wild\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The Year in Crypto: Gary Gone Wild\" \/>\n<meta property=\"og:description\" content=\"As the Securities and Exchange Commission\u2019s five voting members sat before lawmakers on Capitol Hill in September, House Financial Services Committee Chair Patrick McHenry (R-NC) pressed the agency\u2019s head about a supposed lack of regulatory clarity regarding crypto. \u201cThe laws are clear, and it\u2019s written by the Supreme Court,\u201d SEC Chair Gary Gensler began to […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/sikaoer.com\/the-year-in-crypto-gary-gone-wild\/\" \/>\n<meta property=\"og:site_name\" content=\"Sikaoer - 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