SEC's Gensler says 'the law is clear' for crypto exchanges and that they must comply with regulators (2024)

SEC Chairman Gary Gensler testifies before the U.S. Senate Committee on Banking, Housing and Urban Affairs during an oversight hearing on Capitol Hill in Washington, D.C., September 15, 2022.

Evelyn Hockstein | Reuters

SEC Chairman Gary Gensler has a message for Coinbase and other crypto exchanges: The rules are clear, and they must be obeyed.

In a video posted on Twitter on Thursday, Gensler said that crypto exchanges must treat cryptocurrencies like securities and stop acting as if the regulations are ambiguous.

"The law is clear," Gensler said. "If you're a securities exchange, clearinghouse, broker, or dealer, you must come into compliance, register with us, and deal with conflicts of interest and disclose important information. For 90 years, these laws have helped protect investors like you."

The regulator's comments come days after crypto exchange Coinbase sued the SEC, asking that the agency be forced to publicly share its answer to amonths-old petition on whether it would allow the crypto industry to be regulated using existing SEC frameworks.

Coinbase, which received a Wells notice in March indicating an enforcement action could be expected, has been arguing that the SEC has been inconsistent in how it treats cryptocurrencies and that the industry needs regulatory clarity.

Since January, the SEC has taken action against crypto exchanges Bittrex &Gemini, crypto lenderGenesis, and a number of individual actors accused of manipulating crypto assets, including crypto entrepreneurJustin Sunand disgraced Terraform Labs founderDo Kwon.

Gensler titled his video on Thursday, "Office Hours," and tried to make the point that what crypto exchanges are doing is very obviously marketing and selling securities, even if the debate on the topic has been obscured.

"An investment contract exists when you invest money in a common enterprise with a reasonable expectation of profits to be derived from the efforts of others," Gensler said. "Intermediaries for investment contracts, whether they're exchanges, brokers, dealers, clearinghouses, they need to comply with the securities laws and register with the Securities and Exchange Commission."

Gensler said that by not complying with SEC regulations, the platforms "don't have basic investor protections," which is leading to clients being unable to access their funds when there are problems, including bankruptcies.

WATCH: Sell-off hits bitcoin

SEC's Gensler says 'the law is clear' for crypto exchanges and that they must comply with regulators (1)

watch now

VIDEO12:2212:22

Sell-off hits bitcoin, and SEC Chair Gensler grilled on crypto in House hearing: CNBC Crypto World

SEC's Gensler says 'the law is clear' for crypto exchanges and that they must comply with regulators (2024)

FAQs

Does the SEC have authority to regulate cryptocurrency? ›

Securities and Exchange Commission (SEC): The SEC oversees the issuance and sale of securities, including digital assets that meet the definition of securities. This means cryptocurrencies that meet the criteria to be considered securities must be registered with the SEC and comply with its regulations.

Why is Gensler so anti-crypto? ›

And yet, Gensler has taken the public position that no ambiguity exists at all: crypto platforms are, in effect, securities exchanges, and their activity falls under the sole purview of the SEC. According to Gensler, “Crypto markets suffer from a lack of regulatory compliance, not a lack of regulatory clarity.”

What did Gary Gensler say about bitcoin? ›

Gensler replied by pointing out that bitcoin has “the leading market share in ransomware, and that's publicly known,” adding: “It's the token of choice for ransomware.”

What is the SEC warning about crypto? ›

Investors need to be wary of claims that “you always retain ownership of your crypto assets” and “you can withdraw your assets whenever you like.” lack of investor protections due to crypto asset securities entities not acting in compliance with applicable law.

Who currently regulates cryptocurrency? ›

Who Is the Crypto Regulator? In the U.S., who regulates crypto depends on how and where it is used. The Securities and Exchange Commission, the Chicago Mercantile Exchange, the Commodity Futures Trading Commission, and the Financial Industry Regulatory Authority are all involved in some regard.

Does the SEC consider cryptocurrency a security? ›

The U.S. Securities and Exchange Commission takes the position that nearly all cryptocurrencies are securities, with bitcoin the only known exception. The classification of cryptocurrencies as securities has significant implications for their regulation.

What is Gary Gensler's problem? ›

Gensler's crypto-skepticism looked somewhat warranted after the high-profile collapse of exchange FTX, whose founder Sam Bankman-Fried looted some $8 billion in customer funds, eroding trust in the market. But the trouble with Gensler's approach is that he overstepped his turf without a legislative mandate.

What did Gensler say about crypto? ›

SEC Chair Gensler: Crypto is a field 'that's been rife with fraud and manipulation'

What crypto is being sued by SEC? ›

CRYPTO software firm Consensys sued the US Securities and Exchange Commission (SEC) in an effort to fend off regulation of the Ethereum blockchain and push back against what it called the agency's “campaign to seize control over the future of cryptocurrency”.

What did Warren Buffett say about bitcoin? ›

Buffett's Take on Bitcoin

He described Bitcoin as “probably rat poison squared” back in 2018. “In terms of cryptocurrencies, generally, I can say with almost certainty that they will come to a bad ending,” Buffett said in 2018. And his stance hasn't wavered since.

What do billionaires think of bitcoin? ›

In 2018, Carl Icahn said that bitcoin and other cryptocurrencies are "ridiculous." In 2018, the billionaire activist investor told CNBC that he found bitcoin and other cryptocurrencies "ridiculous." "I don't like the cryptocurrencies only because, maybe I don't understand them," he said, according to CNBC.

How much will 1 ethereum be worth in 2030? ›

Ethereum (ETH) Price Prediction 2030

According to your price prediction input for Ethereum, the value of ETH may increase by +5% and reach $ 4,306.32 by 2030.

Why is the SEC going after cryptocurrency? ›

The Securities and Exchange Commission filed an action against BitConnect, an online crypto lending platform, its founder Satish Kumbhani, and its top U.S. promoter and his affiliated company, alleging that they defrauded retail investors out of $2 billion through a global fraudulent and unregistered offering of ...

What happens if the SEC says Ethereum is a security? ›

Ethereum is the second-largest blockchain by value ($414 billion at today's prices), and the home of most of the digital asset industry's most used tools — classifying ETH as a security would likely cause chaos. With a move this big, it is entirely unpredictable where the cards will ultimately fall.

Why is crypto a threat? ›

Classifying crypto

Critics, however, see crypto assets as not merely inherently worthless but a front for crime, scams, and gambling. They also point to their dizzying volatility. Bitcoin, for instance, soared from $200 a decade ago to nearly $70,000 in 2021 before plunging to around $29,000 today.

What does the SEC have authority over? ›

The U.S. Securities and Exchange Commission, or SEC, regulates the offer and sale of all securities, including those offered and sold by private companies.

What is the SEC fine for crypto? ›

The U.S. Securities and Exchange Commission is looking to impose its steepest fine yet on a cryptocurrency project, a $5.3 billion penalty for Do Kwon and Terraform Labs, the man and company behind the fatally flawed algorithmic stablecoin that jumpstarted a multi-billion-dollar, industry-wide contagion event when it ...

Which crypto is being investigated by SEC? ›

The Securities and Exchange Commission is waging an energetic legal campaign to classify Ethereum, the second-most popular cryptocurrency, as a security, according to U.S. companies that have received subpoenas related to an investigation.

What crypto companies are registered with SEC? ›

The few crypto firms that have registered with the SEC
  • Blockchain of Things, which made it easier to build apps on bitcoin. ...
  • ParagonCoin, which made a token for weed entrepreneurs. ...
  • YouNow, a livestreaming company, registered its PROPS token.
Mar 6, 2023

Top Articles
Latest Posts
Article information

Author: Allyn Kozey

Last Updated:

Views: 6136

Rating: 4.2 / 5 (43 voted)

Reviews: 82% of readers found this page helpful

Author information

Name: Allyn Kozey

Birthday: 1993-12-21

Address: Suite 454 40343 Larson Union, Port Melia, TX 16164

Phone: +2456904400762

Job: Investor Administrator

Hobby: Sketching, Puzzles, Pet, Mountaineering, Skydiving, Dowsing, Sports

Introduction: My name is Allyn Kozey, I am a outstanding, colorful, adventurous, encouraging, zealous, tender, helpful person who loves writing and wants to share my knowledge and understanding with you.