SEC set to reevaluate crypto enforcement cases under Trump administration

5 months ago

As President-elect Donald Trump prepares to instrumentality office, the US Securities and Exchange Commission (SEC) is preparing to initiate changes that could halt enforcement actions against crypto firms, Reuters reported, citing individuals acquainted with the matter.

Sources told the quality outlet that SEC commissioners Hester Peirce and Mark Uyeda, known for their crypto-friendly stances, are acceptable to revise the agency’s policies. 

The 2 commissioners are reportedly considering measures to clarify erstwhile crypto qualifies arsenic a information and to reappraisal ongoing enforcement cases, including immoderate involving high-profile companies similar Coinbase and Kraken

Bill Hughes, a lawyer astatine Consensys, assumed the sources cited were wrong the SEC and knew astir the caller administration’s path. He said the accusation aligns with expectations created by Trump’s remarks connected crypto.

He added:

“Given however choky lipped SEC folks mostly are that truly isn’t a atrocious stake — past this isn’t credible and perchance fed to Reuters to enactment unit connected SEC enactment to alteration things up starting adjacent week.”

New chair, antithetic stance

The expected changes travel arsenic Paul Atkins, a erstwhile SEC commissioner and Trump’s prime for SEC chair, is poised to instrumentality the reins pursuing Senate confirmation. Atkins is wide regarded arsenic a proponent of little restrictive crypto policies, having been the co-chairman of the Digital Chamber’s Token Alliance since 2017.   

Due to the precocious compliance costs, the incoming medication volition apt rescind accounting guidance critics accidental has deterred companies from holding crypto for clients.  

While Peirce and Uyeda whitethorn statesman laying the groundwork for caller regulations, achieving statement connected crypto rules could instrumentality months, if not longer. 

Sources accidental the SEC whitethorn frost oregon reevaluate immoderate ongoing litigation, chiefly cases that bash not impact allegations of fraud. This determination could pb to settlements oregon adjacent the withdrawal of cases successful definite instances.

Potential challenges

The imaginable rollback of enforcement actions raises questions astir the politicization of regulatory processes, with critics informing that it could acceptable a risky precedent. Legal experts enactment that courts could besides reason resolving analyzable ineligible battles related to the explanation of securities.  

Philip Moustakis, a spouse astatine Seward & Kissel and a erstwhile SEC attorney, stated that halting enforcement actions oregon dismissing cases en masse would beryllium unprecedented and could person semipermanent implications for the SEC’s credibility.  

Meanwhile, Robert Cohen, a spouse astatine Davis Polk who antecedently worked successful the SEC’s enforcement division, highlighted that the regulator could reopen colony negotiations successful immoderate ongoing cases.

He added that crypto firms accidental that the SEC nether the Gary Gensler medication refuses to sermon outcomes based connected settlement.

The station SEC acceptable to reevaluate crypto enforcement cases nether Trump administration appeared archetypal connected CryptoSlate.

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