Submission + - Crypto loses against SEC in US courts (politico.com)
SonicSpike writes: The cryptocurrency industry is counting on the federal courts to survive a sweeping enforcement crusade by Wall Street’s top regulator.
But that bet is beginning to backfire.
A string of legal victories by the Securities and Exchange Commission has jolted some of crypto’s biggest players and shaken the industry as it strives for greater credibility in Washington.
Judges have recently rebuked claims that the SEC lacks authority to police the market. Coinbase, the largest U.S. exchange, lost a bid to throw out charges that it is violating investor-protection rules. And a New York jury found one-time billionaire entrepreneur Do Kwon and his firm liable for fraud.
Now, the crackdown is about to expand, with the SEC preparing for a new round of lawsuits.
“The SEC just keeps winning,” said John Reed Stark, a former agency attorney and prominent crypto critic. “The law is catching up.”
The legal onslaught, which gained new momentum after the collapse of Sam Bankman-Fried’s FTX empire in late 2022, is posing a threat to the industry and raising the stakes for the army of industry lobbyists seeking to convince lawmakers of the need for new, favorable rules for the market.
The clash underscores fundamentally different views of the emerging industry: Many federal officials like SEC Chair Gary Gensler are highly suspicious, seeing the market as riddled with corruption and a danger to investors. Crypto backers, including GOP lawmakers, see the business as the wave of the future in finance and want to nurture it.
“More and more we’re going to see the industry be willing to fight,” said Ladan Stewart, who was a crypto enforcement attorney at the SEC until earlier this year. “These are existential issues for them.”
The Department of Justice has also stepped up its attacks. Bankman-Fried was sentenced in March to 25 years in prison for fraud and conspiracy. The next month, a 28-year-old crypto trader was found guilty of manipulating markets in the first criminal case of its kind in the U.S.
But that bet is beginning to backfire.
A string of legal victories by the Securities and Exchange Commission has jolted some of crypto’s biggest players and shaken the industry as it strives for greater credibility in Washington.
Judges have recently rebuked claims that the SEC lacks authority to police the market. Coinbase, the largest U.S. exchange, lost a bid to throw out charges that it is violating investor-protection rules. And a New York jury found one-time billionaire entrepreneur Do Kwon and his firm liable for fraud.
Now, the crackdown is about to expand, with the SEC preparing for a new round of lawsuits.
“The SEC just keeps winning,” said John Reed Stark, a former agency attorney and prominent crypto critic. “The law is catching up.”
The legal onslaught, which gained new momentum after the collapse of Sam Bankman-Fried’s FTX empire in late 2022, is posing a threat to the industry and raising the stakes for the army of industry lobbyists seeking to convince lawmakers of the need for new, favorable rules for the market.
The clash underscores fundamentally different views of the emerging industry: Many federal officials like SEC Chair Gary Gensler are highly suspicious, seeing the market as riddled with corruption and a danger to investors. Crypto backers, including GOP lawmakers, see the business as the wave of the future in finance and want to nurture it.
“More and more we’re going to see the industry be willing to fight,” said Ladan Stewart, who was a crypto enforcement attorney at the SEC until earlier this year. “These are existential issues for them.”
The Department of Justice has also stepped up its attacks. Bankman-Fried was sentenced in March to 25 years in prison for fraud and conspiracy. The next month, a 28-year-old crypto trader was found guilty of manipulating markets in the first criminal case of its kind in the U.S.