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Gensler Says SEC and Crypto Has Benefited From Regulation by Enforcement, Plans to Continue

Published 23 October 2024
Prashant Jha
Authors
Edited by Insha Zia

Key Takeaways

  • Gary Gensler doubled down on the SEC’s approach to crypto.
  • The SEC chief claimed their approach is based on decades of robust laws.
  • TSEC has once again added crypto to its examination list. 

Securities and Exchange Commission (SEC) Chair Gary Gensler has reiterated the agency’s commitment to its regulation-by-enforcement approach to crypto, claiming it has only benefited the commission and the industry.

Gensler Defends the SEC’s Approach

In a recent interview with Bloomberg, Gensler insisted that the SEC’s enforcement efforts are grounded in decades of established laws and regulations rather than arbitrary decisions.

He emphasized that the agency’s primary focus is protecting investors and promoting capital formation.

“We have benefited from nine decades of robust laws from Congress and rules from various agencies, not just the SEC but the Commodity Futures Trading Commission, to help promote the markets, protect investors, and promote capital formation and the markets in the middle, And that’s what we’ll continue to do,” the SEC Chair expressed.

A Questionable Approach

While Gensler is adamant about the SEC’s current approach, critics argue that the agency’s reliance on outdated laws and regulations is unfit for the rapidly evolving crypto industry.

The recent ruling in the XRP case, in which a federal judge ruled that selling XRP tokens to retail customers did not violate securities laws, has highlighted the limitations of traditional regulatory frameworks, particularly the Howey Test, in understanding blockchain and cryptocurrency.

Apart from its partial defeat in the Ripple lawsuit, the SEC has encountered challenges in several other crypto-related cases over the past year.

The outcomes, or the lack thereof, suggest that the agency’s enforcement strategy may not be as consistently effective as initially projected by Gensler.

SEC Adds Crypto to Examination List

The SEC’s Division of Examinations recently released its priorities for 2025, with a notable emphasis on crypto assets and their associated products and services.

This year, the list specifically highlights spot Bitcoin and Ethereum exchange-traded products (ETPs) as areas of focus, marking a significant shift in the agency’s approach.

In 2024, the agency added crypto to its examination priority list without specifying particular projects or products. This year’s iteration provides more clarity.

Prashant Jha

Prashant Jha is a seasoned crypto journalist based in Delhi, India, with a Bachelor’s Degree in Computer Science Engineering. Passionate about the evolving world of blockchain and cryptocurrencies, he has been a dedicated voice in the industry since 2018. Prashant’s expertise lies in regulatory reporting, where he unravels complex legal and financial developments with clarity and precision. Before joining CCN in 2024, he honed his craft at Cointelegraph, establishing himself as a trusted name in crypto journalism.

His coverage spans major industry events, including the high-profile collapses of FTX, Three Arrows Capital (3AC), and LUNA, offering readers insightful analyses of their regulatory and market implications. Prashant’s technical background enables him to bridge the gap between intricate blockchain technology and its real-world applications, making his work accessible to novices and experts.

Beyond his professional pursuits, Prashant is an avid music enthusiast, often exploring diverse genres to unwind. A sports lover, he has a particular passion for cricket and frequently engages in discussions about the game. His multifaceted interests and sharp journalistic instincts make him a valuable contributor to CCN, where he continues shaping the crypto landscape's narrative.

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