- SEC Chair Gary Gensler declares firm stance on cryptocurrency malpractices.
- More than 780 enforcement actions were filed by the SEC in the recent fiscal year.
- Gensler compares the current crypto landscape to the 1920s pre-securities laws era.
Under Gary Gensler’s leadership, the SEC escalates its enforcement efforts, targeting crypto wrongdoers and ensuring securities law compliance across the industry.
Gensler’s Vigorous Enforcement Crusade
Addressing securities lawyers, Gary Gensler emphasized the SEC’s proactive role in the recent fiscal year. The Commission reported a 3% increase in enforcement actions, many of which involved cryptocurrencies. Despite arguments suggesting that the crypto sector lies beyond the SEC’s purview, Gensler staunchly affirmed its jurisdiction, comparing the current state of the crypto markets to the chaotic 1920s before the establishment of federal securities laws.
High-Profile Crypto Cases Under Spotlight
Gensler pointed to an extensive array of SEC cases against notable names in the crypto industry, including FTX’s Samuel Bankman-Fried, Binance’s Changpeng Zhao, and the popular trading platform, Coinbase Global (ticker: COIN). While these industry leaders contest the SEC’s allegations, Gensler emphasized the agency’s unwavering commitment to upholding securities laws. He further highlighted that federal securities laws encompass more than just stocks and bonds, extending to any “investment contract.” This broad definition, he argued, encapsulates a majority of crypto assets, making their traders subject to securities regulations.
SEC’s Wider Reach: Beyond Cryptocurrencies
While the focus on cryptocurrencies has been pivotal, the SEC’s enforcement efforts span a broader spectrum. The Commission secured $5 billion in recoveries in 2023, including a hefty $413 million penalty against Denmark’s Danske Bank for undisclosed anti-money-laundering lapses. Additionally, the SEC took action against Wall Street firms for record-keeping violations tied to personal messaging and official calls, leading to sanctions against 23 firms.
Holding Individuals Accountable
Departing from past tendencies where only businesses faced penalties, Gensler emphasized individual accountability in the recent fiscal year. The SEC pressed charges against individuals in two-thirds of its enforcement matters. Resultingly, 113 individuals, including high-profile names like McDonald’s former CEO Stephen Easterbrook, faced prohibitions from serving as public company officers or directors.
Conclusion
Under Gensler’s leadership, the SEC is determined to instill robust securities law compliance, especially within the burgeoning crypto sector. The Commission’s recent actions signal a new era of rigorous oversight, where businesses and individuals alike are held accountable for transgressions. As the landscape evolves, the crypto industry, alongside traditional financial institutions, can anticipate stricter regulations and heightened scrutiny.
