Regulation
US SEC Under Fire as Empower Oversight Demands XRP Case Transparency
Empower Oversight is stepping up its attempts to receive information from the Securities and Exchange Commission (SEC) about the conflicts of interest and selective enforcement of cryptocurrencies.
The complainant has asked the SEC’s OIG to issue a report that is still pending and assesses these questions of law, especially those concerning Hinman and Clayton of the SEC.
US SEC Under Fire On Conflict of Interest
Empower Oversight has been trying to get information on conflict of interest at the SEC for almost three years now. In August 2021, the organization began a FOIA lawsuit, which demanded records of the communication between SEC representatives and other parties concerning cryptocurrencies.
🚨BREAKING: @EMPOWR_us Presses @SECGov IG to Complete and Issue Ethics Report on Hinman Conflicts of Interest; Submits NEW REFERRAL ON JAY CLAYTON 👇https://t.co/4U5DDieZ9n
— CryptoLaw (@CryptoLawUS) July 16, 2024
Even when signals were put out five months ago that the SEC-OIG was finalizing its report, Empower Oversight remains worried about the thoroughness of the investigation.
Tristan Leavitt, the president of Empower Oversight, noted that the report may only focus on the conflicts of interest involving Hinman and not those involving former SEC Chair Jay Clayton.
Leavitt also noted that it is very important to look at Clayton’s decisions during his time at SEC, especially concerning the aforementioned cryptocurrencies – Bitcoin, Ether, and XRP – for the sake of proving that the firm can effectively manage and avoid conflicts of interest.
Legal Battles for Transparency
Empower Oversight’s efforts to promote transparency have resulted in several lawsuits. In December 2021, the organization sued the SEC to obtain information on the matters of interest conflict and selective actions taken by the US SEC.
However, the firm has been alleged to have dragged its feet in responding to the FOIA requests, and this culminated into other lawsuits in May 2023 and March 2024. The SEC’s unwillingness to release the documents has been a source of worry on the part of the agency on transparency.
Leavitt also accused the SEC of delaying tactics with regards to the FOIA requests saying that the delay has hampered the monitoring of possible conflict of interest concerning the decisions made by the SEC officials on cryptocurrencies.
Hinman and Clayton’s Cryptocurrency Decisions Under Scrutiny
William Hinman, the former Director of SEC and Jay Clayton, the former Chair of SEC have been in the middle of controversy concerning cryptocurrency regulation. Hinman was well compensated by his previous law firm Simpson Thacher which had a financial interest in pushing Ethereum. The speech made by Hinman in 2018 that Ether is not a security has formed the center of Empower Oversight’s investigations.
Likewise, Clayton’s time in the chairmanship of the firm has been associated with a number of regulatory actions concerning Bitcoin, Ether, and XRP. The FOIA requests that Empower Oversight sent were intended to reveal any possible conflicts of interest and contacts between Clayton and cryptocurrency enthusiasts.
The firm’s refusal to provide these documents has been an ongoing issue and raises questions about the integrity of the SEC’s decision-making process.
Ripple vs SEC: Awaiting Transparency and Final Judgment
The legal conflict between Ripple Labs and the SEC has also played a role in emphasizing the importance of clarity. The case relates to the SEC’s determination of XRP as an unregistered security, and the public has shown keen interest in the possibility of settlements.
In spite of several backdoor meetings, Marc Fagel, a former SEC lawyer, has come out to dismiss rumors of the two parties entering into settlement negotiations, citing that both are still waiting for the district court’s decision.
Empower Oversight is still campaigning for information on how the firm has dealt with cryptocurrencies, such as the Ripple case. The organization’s actions reflect the general trend whereby regulatory authorities responsible for the cryptocurrency markets are being called to explain their actions.
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The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
The world’s richest man, Elon Musk, has secured victory in a legal battle with the US Securities and Exchange Commission (SEC). This came as the court refused the Commission’s request to sanction Musk regarding the X acquisition deal for $44 billion.
Court Rules In Favor Of Elon Musk Against US SEC
According to a Bloomberg report, US District Judge Jacqueline Scott Corley has refused to sanction Elon Musk for skipping a meeting with the US SEC and option to watch one of his rockets launch instead.
The judge said there was no need to sanction Musk because he had already agreed to reimburse the Commission $2,923 to cover airfare for the three agency lawyers, which he stood up back in December. Corley also noted that the world’s richest man eventually met with these SEC lawyers to give his testimony regarding the X deal on October 3.
Reacting to this development in X post, Elon Musk jokingly said,
SEC. The middle word is definitely “Elon’s”, but I can never remember what the other two words stand for.
Meanwhile, Dogecoin’s creator, Billy Markus, also responded to Musk’s post and labeled the Commission an “annoying organization.” It is worth mentioning that this is the second legal battle Musk has won in the space of a week as investors in the Dogecoin manipulation lawsuit last week withdrew their appeal against the world’s richest man and Tesla.
Meanwhile, Musk’s legal battle with the SEC might not be the last encounter he has with the Commission since he is set to co-lead the Department of Government Efficiency (D.O.G.E). He is likely to oversee how the Commission spends its budget.
In line with this, Ripple’s Chief Legal Officer (CLO) Stuart Alderoty called on Musk to probe the US SEC’s spending. Alderoty believes the Commission has misused taxpayer funds to finance unnecessary enforcement actions.
Donald Trump Also Secures Major Legal Victory
Alongside Elon Musk, US President-elect Donald Trump also recently secured a major legal victory. Judge Juan Merchan has delayed Trump’s sentencing hearing in his hush-money case, which was to take place on November 26.
The judge made this decision to let the incoming US president argue to dismiss the conviction before his inauguration on January 20. This situation is novel, as there has never been a situation in which the incoming president faces sentencing on a criminal conviction.
Meanwhile, earlier in the month, there was also a CNBC report that the Department of Justice (DOJ) is looking to wind down the two federal criminal cases against Trump. This aligns with their policy that they cannot prosecute a sitting president.
Boluwatife Adeyemi
Boluwatife Adeyemi is a well-experienced crypto news writer and editor who has covered topics that cut across DeFi, NFTs, smart contracts, and blockchain interoperability, among others. Boluwatife has a knack for simplifying the most technical concepts and making it easy for crypto newbies to understand. Away from writing, He is an avid basketball lover and a part-time degen.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
SEC Commissioner Jaime Lizárraga announced his decision to step down on January 17, 2025, as the Donald Trump administration prepares to assume office. A Democrat since 2022, Lizárraga cited personal family reasons for his departure.
Notably, His resignation will reduce the commission to one democratic commissioner, Caroline Crenshaw, and two Republican commissioners, Hester Peirce and Mark Uyeda.
US SEC Faces Leadership Shift as Commissioner Lizárraga Steps Down
According to a recent filing, SEC Commissioner Jaime Lizárraga will officially resign from the US SEC by January 17, 2025. His decision is made at the backdrop of Donald Trump preparing to take office three days later.
This also means change of guard within the commission as the current US SEC Chair Gary Gensler is expected to leave office on January 20, 2025, the Inauguration day of Trump. His resignation comes after weeks of pressure to remove him starting with Trump’s pledge to fire him.
Lizárraga, known for advancing corporate reporting on climate risk and data breaches, cited his wife’s battle with breast cancer as the reason for stepping down. He emphasized need to prioritize his family during this critical time.
Jaime Lizárraga stated,
“For the better part of this year, my wife, Kelly, has confronted serious illness with admirable courage and a strong spirit. In reflecting on the challenges that lie ahead, we have decided that it is in the best interests of our family to close this chapter in my 34-year public service journey.”
Lizárraga’s departure leaves the Securities and Exchange Commission with just one Democratic Commissioner, Caroline Crenshaw. The two remaining Republican members are Hester Peirce and Mark Uyeda. This shift will alter the commission’s political balance and spark potential challenges in advancing or overturning regulatory measures.
With a three-member commission, the commission’s quorum rules mandate full participation to adopt or amend regulations unless there is a formal recusal or disqualification.
Speculation Builds Around the Next Commission Chair
With the departure of both Chair Gary Gensler and Jaime Lizárraga, discussions about the next US SEC Chair have intensified. Names under consideration include Robert Stebbins, a partner at Willkie Farr; former Commissioner Paul Atkins; and Teresa Goody Guillén, a partner at BakerHostetler and a former litigation counsel for the commission.
The new Chair is expected to reshape the crypto regulatory landscape and other pressing financial matters. As the Trump administration ushers in new appointments, the focus will be on implementing balanced and innovation-friendly policies.
Meanwhile, the Blockchain Association has urged the incoming government to address critical issues in cryptocurrency regulation. The association outlined five major priorities for Trump administration. These include, a clear and comprehensive regulatory framework for digital assets, implementing stablecoin legislation, and ending the debanking of cryptocurrency companies.
The association also proposed the formation of a Crypto Advisory Council to enhance collaboration between regulators and stakeholders. A recent CoinGape report revealed that the crypto advisory council will help create a strategic Bitcoin reserve.
Ronny Mugendi
Ronny Mugendi is a seasoned crypto journalist with four years of professional experience, having contributed significantly to various media outlets on cryptocurrency trends and technologies. With over 4000 published articles across various media outlets, he aims to inform, educate and introduce more people to the Blockchain and DeFi world. Outside of his journalism career, Ronny enjoys the thrill of bike riding, exploring new trails and landscapes.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
- Jaime Lizárraga will resign as SEC Commissioner on January 17, 2025.
- His departure leaves only one Democrat on the SEC amid a Republican-led shift.
- Discussions intensify over the next SEC Chair, with crypto regulation in focus.
In a significant development at the US Securities and Exchange Commission (SEC), Commissioner Jaime Lizárraga has announced that he will step down from his post on January 17, 2025.
His resignation comes shortly after SEC Chair Gary Gensler revealed plans to depart when President-elect Donald Trump is sworn into office.
Lizárraga’s decision to resign has been attributed to personal reasons, specifically his wife’s serious illness, a matter he shared with President Joe Biden.
Jaime Lizárraga, who has served as an SEC Commissioner since 2022, was appointed during the Biden administration and had a term slated to last until 2027. His departure means that the SEC will lose one of the remaining Democratic voices on the five-member commission, leaving Caroline Crenshaw as the only Democratic Commissioner.
The commission will now have three Republicans: Hester Peirce, Mark Uyeda, and the soon-to-be vacated chairmanship under Gensler.
SEC’s leadership change as Trump prepares to assume office
The timing of Lizárraga’s resignation adds to the ongoing shift in the SEC’s leadership, raising questions about the future direction of regulatory policies, especially on issues like cryptocurrency.
Under Gensler, the SEC pursued a stringent stance on crypto, but with the departure of both Gensler and Lizárraga, the upcoming administration may steer the agency in a different direction, particularly in light of Trump’s pro-crypto rhetoric.
The SEC requires only a majority of three commissioners to make decisions, so the incoming Republican majority will hold significant sway over the commission’s agenda.
Lizárraga’s departure, alongside Gensler’s exit, further intensifies the debate over the next SEC Chair. The position is crucial for setting the regulatory tone, particularly on emerging issues like cryptocurrency.
As the Trump administration prepares to fill key positions, speculation grows over potential appointees, with names such as Brian Brooks, the former CEO of Binance.US, and current Republican SEC Commissioners Hester Peirce and Mark Uyeda emerging as potential candidates for the role.
Robinhood Chief Legal Officer Dan Gallagher, who was previously considered one of the top contenders for the SEC chair, has announced his withdrawal from consideration for the role.
This shift signals a new chapter for the SEC, with potential ramifications for both financial markets and regulatory approaches under the incoming administration.
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