- Gensler attributes crypto crises to noncompliance with securities laws.
- Despite courtroom losses against Ripple and Grayscale, Gensler stands firm on his viewpoint.
Gary Gensler, the Chairperson of the U.S. Securities and Exchange Commission (SEC), despite facing legal challenges, remains unyielding in his perspective that crypto assets fall under the category of securities. He contends that the turmoil seen within the crypto domain primarily arises from a broad-based failure to adhere to securities legislations.
Drawing parallels, Gensler likened current discrepancies in the crypto realm to those faced during the 1920s economic depression, a period prior to the establishment of securities regulations. This firm belief is slated to be the cornerstone of his presentation during the impending hearing set before the Senate Committee on Banking, Housing, and Urban Affairs, scheduled for September 12th.
The Howey Test and Crypto’s Place
Gensler stressed the significance of the Howey test, a foundational legal standard that helps classify whether an asset or transaction qualifies as a security. Emphasizing its relevance to the crypto context, he articulated,
“Given the majority of crypto tokens are governed by securities laws, it logically ensues that most crypto intermediaries should align with these securities regulations.”
It’s noteworthy that in recent times, the SEC, under Gensler’s watch, encountered legal defeats in cases against both Ripple and Grayscale. These entities were alleged to have transgressed federal securities statutes. Contrarily, judgements were passed in their favor.
On the horizon, Gensler will also shed light on two pivotal proposals by the SEC. One seeks to frame regulations concerning the custody of crypto assets. The other endeavors to amend the definition of ‘exchange’, aiming to comprehensively encompass cryptocurrency platforms.
Where do Bitcoin and Ethereum Stand?
The crypto community, recognizing the import of topics on the agenda, eagerly anticipates the Senate Committee hearing. There’s particular interest in discerning any potential shifts in Gensler’s stance on crypto. Indications thus far suggest a more entrenched viewpoint on his part.
In past statements, Gensler insinuated that, barring Bitcoin, all else in the crypto universe should be perceived as securities. The classification of Ethereum, however, remains ambiguous in his narratives, leaving it indeterminate if it’s a security or a commodity. This particular nuance is a point of contention, generating friction between the SEC and the Commodity Futures Trading Commission (CFTC).
The current regulatory approach under Gensler’s leadership has faced scrutiny, with detractors highlighting a methodology of ‘regulation by enforcement’ amidst the prevailing nebulous crypto laws in the U.S.
