SEC Chair Gensler: A Ban on Crypto Would Be ‘Up to Congress’ (2024)

SEC Chair Gensler: A Ban on Crypto Would Be ‘Up to Congress’ (1)

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Cheyenne Ligon is a CoinDesk news reporter with a focus on crypto regulation and policy. She has no significant crypto holdings.

SEC Chair Gensler: A Ban on Crypto Would Be ‘Up to Congress’ (3)

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U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler told Congress on Tuesday that the SEC has no plans to ban crypto.

When asked by Rep. Ted Budd (R-N.C.), a longtime crypto supporter and member of the Congressional Blockchain Caucus, if the SEC had any plans to follow China’s lead in banning cryptocurrency in favor of a prospective central bank digital currency (CBDC), Gensler said, “No, that would be up to Congress.”

Gensler’s assertion that the SEC does not plan to ban crypto mirrors similar remarks made by Federal Reserve Chair Jerome Powell last week, when the central bank head told the House Financial Services Committee that the Fed had “no plans to ban” the $2.2 trillion asset class.

Questions from Congress about the SEC’s efforts to regulate crypto come amid a growing debate on Capitol Hill about how the industry and its various parts, including exchanges and stablecoins, should be regulated.

During Tuesday’s four-hour hearing, Gensler fielded questions about cryptocurrency, stablecoins, the regulation of exchanges and decentralized finance (DeFi).

Gensler mostly reiterated his previous thoughts on crypto regulation including the need for exchanges to “come in and register” with the SEC, the potential systemic risk posed by stablecoins and the need for them to be subject to increased regulation, and that “most” cryptocurrencies fall under the definition of a security.

However, Gensler also expanded on his understanding of the SEC’s authority to regulate the crypto industry.

When asked by Rep. Jim Himes (D-Conn.) to provide “guidance” on the topic of crypto regulation, Gensler reiterated his previous position that crypto exchanges need to register with the SEC but added that decentralized exchanges (DEXs) would also be subject to regulations.

“Even in decentralized platforms – so-called DeFi platforms – there is a centralized protocol. And though they don’t take custody in the same way [as centralized exchanges], I think those are the places that we can get the maximum amount of public policy.”

Gensler also expanded on his stance on stablecoins, which he has previously called the “poker chips” at the crypto “casino.” Gensler doubled down on his poker chip analogy during his response to several questions, adding that he viewed stablecoins as a systemic risk to the economy.

“The $125 billion of stablecoins we have right now are like poker chips at a casino,” Genser said. “I do think that if this continues to grow – and it’s grown about tenfold in the last year – it can present those systemic wide risks.”

The statement comes a day after CoinDesk first reported that USDC stablecoin issuer Circle was served with an “investigative subpoena” from the SEC’s Enforcement Division in July.

The price of bitcoin, already up on the day, appeared to jump further on Gensler’s comments, rising to as high as $51,678.20. In recent trading, the price of the leading cryptocurrency was at $51,329.82, up 4.59% in the last 24 hours.

UPDATE (Oct. 5, 20:57 UTC): Adds further Gensler remarks, bitcoin price action.

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SEC Chair Gensler: A Ban on Crypto Would Be ‘Up to Congress’ (9)

Cheyenne Ligon is a CoinDesk news reporter with a focus on crypto regulation and policy. She has no significant crypto holdings.

Learn more about Consensus 2023, CoinDesk’s longest-running and most influential event that brings together all sides of crypto, blockchain and Web3. Head to consensus.coindesk.com to register and buy your pass now.

SEC Chair Gensler: A Ban on Crypto Would Be ‘Up to Congress’ (10)

Cheyenne Ligon is a CoinDesk news reporter with a focus on crypto regulation and policy. She has no significant crypto holdings.

SEC Chair Gensler: A Ban on Crypto Would Be ‘Up to Congress’ (2024)

FAQs

What did Gary Gensler say about crypto? ›

Gensler has repeatedly said that the majority of digital tokens are securities, but most crypto exchanges have made few adjustments in how they operate.

Which cryptocurrency did the SEC Chairman Gensler affirm is a commodity? ›

In May 2022, Gensler publicly labeled Bitcoin, the world's largest cryptocurrency by market cap, as a commodity.

What does SEC say about crypto? ›

SEC's Gensler says 'the law is clear' for crypto exchanges and that they must comply with regulators. SEC Chairman Gary Gensler said in a video on Thursday that crypto exchanges “must come into compliance, register with us, and deal with conflicts of interest.”

Did the US ban crypto holders from working on government policies? ›

A new legal advisory notice from the US Office of Government Ethics prohibits any employee who owns cryptocurrency from working on Federal crypto regulation.

What does Warren Buffett say about crypto? ›

Something like Bitcoin, it is a gambling token, and it doesn't have any intrinsic value. But that doesn't stop people from wanting to play the roulette wheel,” Buffett said during an appearance on CNBC's Squawk Box on Wednesday.

What did Matt Damon say about cryptocurrency? ›

In it, Damon compared crypto investors to astronauts, mountain climbers, and even the Wright Brothers, the famous American aviation pioneers. “I gave my whole salary to water.org because we were down, and Crypto.com heard about that, and they gave $1 million to water.org completely on their own," he said.

Does Gary Gensler own Bitcoin? ›

Gensler denied owning digital assets many times over. He also noted that he had never owned Bitcoin. He additionally dismissed digital assets as “highly speculative.” He later affirmed that he has a digital bank account and brokerage account, “but no crypto.”

Does Gensler think Bitcoin is a security? ›

SEC Chair Gary Gensler reiterated that Bitcoin is not a security but a commodity under the Commodity Futures Trading Commission (CFTC) purview.

What cryptocurrency is tied to commodity? ›

A commodity-backed stablecoin is a cryptocurrency whose value is backed by some tangible asset, such as gold.

Does SEC have power over crypto? ›

This agency regulates currency trading, and it would cover crypto trading as well if cryptocurrencies are deemed currencies. But if legislators and regulators come around to the idea that crypto should be considered a security—like stocks, bonds and exchange-traded funds—it would fall under the jurisdiction of the SEC.

Is the SEC trying to regulate crypto? ›

And a late 2022 court victory has reaffirmed the SEC's view that crypto tokens can be securities — and subject to strict regulation — even without being sold to the public through initial coin offerings.

Will the SEC crack down on crypto? ›

The SEC has ramped up its enforcement of the crypto industry, bearing down on companies and projects that it alleges are hawking unregistered securities. Reports first surfaced of an SEC probe into Coinbase in mid-2022.

Does the US government own any crypto? ›

The U.S. government currently holds 205,515 bitcoins valued at $5.66 billion based on today's exchange rates. The bitcoins were confiscated in three cases, including the Silk Road bitcoin seizure in November 2020, the 2022 Bitfinex hack confiscation, and the seizure of bitcoins from James Zhong last year.

Can the government take your Cryptocurrency? ›

Bitcoin seizure occurs when a law enforcement agency obtains the bitcoin address and private key of an individual or entity which violated the law. Sometimes the agency will target the exchange which hosts the wallet in question to seize a private key.

Does the US government tax Crypto? ›

The IRS classifies cryptocurrency as property or a digital asset. Any time you sell or exchange crypto, it's a taxable event. This includes using crypto used to pay for goods or services. In most cases, the IRS taxes cryptocurrencies as an asset and subjects them to long-term or short-term capital gains taxes.

What did Trump say about crypto currency? ›

I want the dollar to be the currency of the world; that's what I've always said." During his time in the White House, Trump was similarly critical of Bitcoin, describing it—and other cryptocurrencies—as assets that are "not money" and whose value is "highly volatile and based on thin...

Are people becoming millionaires with crypto? ›

Notwithstanding the difficulty of confirming this number precisely, our research indicates that there are at least 32,500 individuals who have achieved millionaire status through their cryptocurrency holdings at current market value.

Do millionaires invest in crypto? ›

This means that investing in cryptocurrencies has its risks and as such, the market needs constant monitoring. Yet despite this, millionaires are continuing to invest in cryptocurrencies because the pros far outweigh the cons.

What is Tom Brady's crypto? ›

Tom Brady owns more than 1 million shares in FTX that are practically worthless after the crypto exchange collapsed—and Gisele isn't too far behind. Billionaire New England Patriots owner Robert Kraft and star NFL quarterback Tom Brady are among those sharing in the pain of FTX Group's sudden implosion.

Which celebrities pushed crypto? ›

Lohan, Paul, the rapper Akon, recording artists Ne-Yo and Lil Yachty, and adult actress Michele Mason are alleged to have pushed crypto investments to their millions of online followers without revealing they had been paid.

Who stole the money in cryptocurrency? ›

North Korean cybercriminals "shattered their own yearly record for most cryptocurrency stolen" and tallied $1.7 billion in thefts in 2022, the Chainalysis report said.

Who is the biggest crypto owner? ›

1. Changpeng Zhao (CZ) – Founder of Binance, Changpeng Zhao (CZ) is one of the richest crypto billionaires in the world. Zhao's net worth is estimated at $1.9 billion. 2.

What company owns the most crypto? ›

The four addresses with the most bitcoin belong to Binance, Bitfinex, and another address, whose identity is unknown. These four addresses collectively own more than 663,000 bitcoin. The exchange addresses represent the holdings of many individual investors who are not holding their own keys.

Who owns the most Bitcoin private? ›

According to most common estimates, it is Satoshi Nakamoto, the anonymous creator of BTC, who has the largest Bitcoin holdings in the world.

How much bitcoin fbi owns? ›

The FBI now controls more than 144,000 bitcoins that reside at a bitcoin address that consolidates much of the seized Silk Road bitcoins. Those 144,000 bitcoins are worth close to $100 million at Tuesday's exchange rates.

What happens if all crypto is a security? ›

If crypto is deemed a security, it could bring more legitimacy to the industry, but it could also lead to increased regulation and costs for investors. There are alternatives to crypto being a security, such as it being classified as a commodity, but this could also lead to increased risk for investors.

Which crypto has the highest security? ›

Although the blockchain technology that coins like bitcoin use is meant to be secure and anonymous, some coins manage to keep transactions even more private.
...
Some coins that top the list of the most private and secure are:
  • Beam (BEAM)
  • Monero (XMR)
  • Horizen (ZEN)
  • DASH (DASH)
  • ZCASH (ZEC)

What cryptocurrency is tied to the US dollar? ›

Tether (USDT) is a stablecoin, a type of cryptocurrency pursuing a steady valuation.

Is Bitcoin a fiat money or commodity money? ›

Virtual currency is a digital representation of value that functions as a medium of exchange, a unit of account, and/or a store of value. Is Bitcoin a commodity? Yes, virtual currencies, such as Bitcoin, have been determined to be commodities under the Commodity Exchange Act (CEA).

Will the SEC go after Ethereum? ›

We also share information about your use of our site with our social media, advertising and analytics partners. On Thursday, it was revealed that crypto exchange Kraken reached a settlement with the Securities and Exchanges Commission (SEC) to stop offering staking services for Ethereum and similar cryptocurrencies.

Which crypto was sued by SEC? ›

The SEC has accused Ripple of selling XRP in an unregistered security offering. The outcome of the U.S. regulator's court case against Ripple will have far-reaching consequences for the cryptocurrency industry.

Which crypto is SEC investigating? ›

Coinbase has been under SEC investigation since last summer amid a broader SEC crackdown on unregistered securities, though the company insists none of the crypto products or services it offers can be considered securities—a tightly regulated asset class including traditional investments like stocks and bonds.

What will happen to crypto if the government regulates it? ›

Cryptocurrency Regulations and the Price of Cryptocurrencies

Regardless of how cryptocurrency regulation unfolds, many experts in the field believe that coming oversight and regulation will ultimately help stabilize digital assets' prices. Cryptocurrency prices have been in freefall since the fourth quarter of 2021.

Who is trying to regulate crypto? ›

The Securities and Exchange Commission (SEC) is the primary regulator of securities in the United States.

Why can t the government regulate cryptocurrency? ›

Regulation of bitcoin varies on both the state and federal level. The IRS treats cryptocurrency as property, while the CFTC considers it a commodity. Many cryptocurrency companies have been able to avoid securities law or requirements by offering utility tokens, versus security tokens.

What is the state of cryptocurrency in 2023? ›

Bitcoin prices are now up 70% year-to-date in 2023, while Ethereum prices are up 55%.

Is Coinbase in trouble with SEC? ›

Coinbase took legal action against the SEC on Monday, asking a federal judge to force the regulator to share its answer on Coinbase's July 2022 petition on whether existing securities rule-making processes could be extended to the crypto industry.

Has anyone made money with cryptocurrency? ›

The cryptocurrency market is extremely lucrative. There are numerous ways to make money in cryptocurrency, ranging from investing to active trading to staking. Cryptocurrency is a decentralized payment method that can be used to conduct online transactions.

What governments own the most crypto? ›

The USA has had the highest amount of BTC over time, which it got through various methods. Let's take a look at how different governments come into possession of BTC.

Who owns crypto in the US? ›

Ownership is higher with people of color and younger Americans. Crypto ownership is generally consistent for Republicans (18%), Democrats (22%), and Independents (22%), speaking to how crypto is a rare bipartisan issue.

Can the government shut down Bitcoin? ›

As Bitcoin is decentralised, the network as such cannot be shut down by one government. However, governments have attempted to ban cryptocurrencies before, or at least to restrict their use in their respective jurisdiction.

Do I have to tell the government that I bought crypto? ›

You must report income, gain, or loss from all taxable transactions involving virtual currency on your Federal income tax return for the taxable year of the transaction, regardless of the amount or whether you receive a payee statement or information return.

How does the IRS seize cryptocurrency? ›

Most asset seizures begin with a notification of your taxes due. If you don't reply within 30 days, the agency can levy your crypto assets, bank accounts, or other tangible assets to collect your debts.

Does the government know I owe crypto? ›

1099-K & 1099-B

If you receive a Form 1099-K or Form 1099-B from a crypto exchange, without any doubt, the IRS knows that you have reportable crypto currency transactions.

Which state in usa is crypto tax-free? ›

Nevada also does not have state income taxes, making it one of the most crypto friendly states.

How much is $1 bitcoin in US dollars? ›

The conversion value for 1 BTC to 27079 USD. BeInCrypto is currently using the following exchange rate 27079. You can convert BTC to other currencies like ETH, ADA or USDC. We updated our exchange rates on 2023/05/16 16:11.

How not to pay taxes in crypto usa? ›

Instead of cashing out your cryptocurrency, consider taking out a cryptocurrency loan. In general, loans are considered tax-free. If you need liquidity immediately, you should consider using your cryptocurrency as collateral to take a loan through a decentralized protocol.

Does Gensler say all crypto are Securities? ›

Chair Gensler may have prejudged that every digital asset aside from bitcoin is a security, but his opinion is not the law. The SEC lacks authority to regulate any of them until and unless it proves its case in court. For each asset, every single one, individually, one at a time.

What does Dave Ramsey say about cryptocurrency? ›

Dave Ramsey warns you against investing in cryptocurrencies because of their extreme volatility and risk. He says people are making financial decisions out of fear. Fear of missing out. And fear that their investments are going down in price or being outperformed in the short term.

What did Jerome Powell say about crypto? ›

Powell said Tuesday that he'd welcome Congress stepping in with a new legal framework for crypto. He added that although regulators were concerned over banks getting involved with stablecoins, such tokens could have a place in the financial system if they were properly regulated.

How much Bitcoin fbi owns? ›

The FBI now controls more than 144,000 bitcoins that reside at a bitcoin address that consolidates much of the seized Silk Road bitcoins. Those 144,000 bitcoins are worth close to $100 million at Tuesday's exchange rates.

Does SEC have control over crypto? ›

This agency regulates currency trading, and it would cover crypto trading as well if cryptocurrencies are deemed currencies. But if legislators and regulators come around to the idea that crypto should be considered a security—like stocks, bonds and exchange-traded funds—it would fall under the jurisdiction of the SEC.

What did Jim Cramer say about crypto? ›

Charts suggest investors should ignore 'crypto cheerleaders' and stick with gold, Jim Cramer says.

What is the number 1 rule of crypto? ›

Investing in crypto follows many of the same rules as investing in other markets. The most important rule is never to invest more than you can afford to lose. Safely storing your crypto in a hardware wallet is also important.

What does Suze Orman think of crypto? ›

But if there's one asset Suze Orman would caution retirement savers to stay away from, it's cryptocurrency. The reason? It's highly speculative. Crypto has proven itself to be very volatile, but then again, so have stocks.

What did Federal Reserve say about crypto? ›

The letter said, in effect, "Don't jump in and plan to figure out risk management later." It stated that "Federal Reserve-supervised banking organizations should have adequate systems and controls in place to conduct crypto-asset-related activities in a safe and sound manner prior to commencing such activities."

Who became rich from cryptocurrency? ›

Jed McCaleb is a well-known figure in cryptocurrency, as he was the founder of the notorious exchange Mt. Gox. He sold the exchange in 2013, one year before hackers stole nearly $460 million worth of cryptocurrency.

Who went broke with cryptocurrency? ›

July 5: Voyager Digital, a crypto broker, files for Chapter 11 following a $660 million dollar default from Three Arrows Capital, a crypto hedge fund, pausing withdrawals days before going bankrupt, and now owes $1.3 billion across its 100,000 creditors.

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