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SEC's Gary Gensler Justifies His Actions Against Crypto

The SEC chair emphasized the need for regulatory oversight to foster trust and protect investors

September 27, 2024 11:10 AM

Reading time: 2 minutes, 37 seconds

TL;DR Gary Gensler, Chair of the US SEC, spoke to CNBC about ongoing enforcement actions in the cryptocurrency sector. His comments come amid rising discontent among industry participants.

In a recent interview with CNBC, Gary Gensler, Chair of the US Securities and Exchange Commission (SEC), addressed ongoing enforcement actions against critical players in the cryptocurrency industry. His remarks come amid rising discontent among investors and participants who feel the regulatory landscape has become increasingly hostile.

Gensler acknowledged that the SEC operates as a law enforcement agency overseeing the financial markets, including the digital asset sector. He emphasized that while the SEC's enforcement actions may seem punitive, they foster trust in innovations.

Innovation and Trust

Drawing a parallel to the automobile industry, he stated that "innovation doesn't thrive without trust," likening the need for regulatory oversight to the importance of traffic lights and law enforcement in ensuring road safety.

When questioned whether these enforcement actions aimed to strengthen the broader market, Gensler characterized the SEC's approach as "neutral."

Gensler noted that the entire industry is a relatively small segment of the broader capital markets but stressed that the SEC's mission under his leadership is to instill trust and protect investors.

The conversation also touched on the potential impact of the upcoming US presidential election in less than two months, which could significantly impact and signal a shift in regulation toward the digital asset industry.

Presidential Impact

Both former President Trump, a notable supporter of cryptocurrency and Bitcoin use for the nation, and Vice President Kamala Harris, who recently expressed her support for cryptocurrency market participants, are keen to encourage growth and innovation in the sector.

Gensler noted that policies that promote investor protection are essential to fostering innovation, claiming that the two concepts are compatible. However, he remained tight-lipped on the candidate's stance on cryptocurrency growth, particularly over the past month.

Reflecting on his previous role as an educator at the Massachusetts Institute of Technology (MIT), Gensler mentioned that he had often told his students that the cryptocurrency sector must build investor trust to survive.

Gensler acknowledged that the SEC had established rules when pressed on whether more explicit regulations would benefit both the SEC and cryptocurrency businesses. However, he pointed out that discontent with existing regulations does not equate to a lack of rules.

"Discontent with existing regulations does not equate to a lack of rules," Gensler emphasized.

Bitcoin and the Future

The SEC Chair argued that many in the industry have profited without adhering to proper disclosures, which has led to conflicts of interest and adverse outcomes both within and outside of the digital asset space.

The discussion shifted to specific cryptocurrencies, particularly Bitcoin. Gensler noted that he views Bitcoin as a commodity rather than a security.

He highlighted the approval of exchange-traded products (ETPs) for Bitcoin earlier this year, which can now be traded on the Nasdaq, as a significant step forward.

Looking to the future, Gensler remarked that the broader cryptocurrency industry will face challenges in building trust due to the prevalence of fraud.

When asked about the possibility of a Bitcoin reserve fund for the US, as suggested by Trump and Senator Cynthia Lummis, Gensler refrained from providing a definitive answer, citing the upcoming elections but indicating he has his views on the matter.

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