Regulation

Crypto Titans Bet On Donald Trump Win For SEC Shake-Up

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2 months ago

July 20, 2024

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As the 2024 US presidential election approaches, crypto leaders are anticipating significant changes in regulatory oversight if Donald Trump returns to the White House. The crypto industry is dissatisfied with current administration’s stringent approach led by the Securities and Exchange Commission (SEC) under Chair Gary Gensler. This has prompted hopes among crypto advocates that a Trump presidency could usher in a more lenient regulatory environment.

How Donald Trump’s Win Could Reshape Crypto Regulations

Michael Selig, a partner at Willkie Farr & Gallagher LLP, suggests that a Trump administration could “reset and rethink the SEC’s crypto regulatory policy.” It could potentially resolve ongoing enforcement actions and investigations initiated during the Biden administration. This sentiment reflects a broader expectation within the crypto community that Trump’s return could lead to a reduction in regulatory pressure.

Under President Joe Biden, the SEC has intensified its scrutiny of the cryptocurrency sector, especially following the collapse of the FTX exchange in late 2022. The regulator has pursued numerous enforcement actions against exchanges and broker-dealers, alleging failures to comply with securities laws.

Gensler has asserted that many cryptocurrencies qualify as securities and should therefore adhere to SEC registration requirements. This position has sparked contention within the industry.

Despite some settlements, significant litigation involving major players like Ripple, Coinbase, Kraken, and Binance remains unresolved. Recently, he SEC has also closed investigations into Ethereum and Binance USD (BUSD), a USD-backed stablecoin issued by Paxos. However, the debate over whether specific tokens should be classified as securities persists.

A critical case in point is the SEC’s lawsuit against Ripple Labs Inc., which alleges that Ripple conducted an unregistered securities offering through the sale of XRP tokens, raising over $1.3 billion.

Although a federal judge ruled last July that XRP sales to retail investors did not constitute investment contracts, the case’s outcome remains uncertain. However, Ripple CEO Brad Garlinghouse recently indicated that a resolution could be forthcoming. He noted, “We expect a resolution very soon.”

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SEC Reform After Trump Win?

The prospect of Donald Trump‘s victory has fueled speculation about a potential shake-up at the SEC. Austin Campbell, a blockchain consultant and adjunct professor at Columbia Business School, pointed out that a new administration could swiftly alter the SEC’s leadership.

“Remember, if Trump gets elected, the Republicans can immediately change who the chair is,” Campbell said. He predicts that this shift could lead to the settlement of many current cases, potentially ending the “highly variable decisions that are increasing confusion.”

However, some experts caution against assuming that a Trump presidency would automatically lead to a dramatic change in enforcement practices. Emily Meyers, general counsel at venture capital firm Electric Capital, argues that securities enforcement cases are typically “apolitical” and not subject to significant staff turnover with political shifts.

“It’s unlikely that any ongoing cases get dropped, especially those that are already being argued in federal court,” Meyers added, according to a Bloomberg report. Instead, she suggests that a new administration might focus on different types of enforcement cases rather than dismissing existing ones.

Hester Pierce To Replace Gary Gensler?

Similarly, Ji Kim, chief legal and policy officer at the Crypto Council for Innovation, also weighed in. He believes that while Donald Trump administration might alter the regulatory landscape, such changes would depend on the new leadership and the composition of the SEC commissioners.

“If President Trump were reelected and Chair Gensler steps down, we could see the current regulation-by-enforcement norm change,” Kim said. He further added, “However, that would depend on the leadership and the make-up of the commissioners — nothing is guaranteed.”

Meanwhile, Rep. French Hill believes that SEC Commissioner Hester Pierce could replace Gary Gensler after Trump’s Win. In a recent interview, the SEC Commissioner noted, “If the president changes, typically the chairman of the SEC will also change in response to that.” However, Pierce refrained from making any predictions about who would succeed Gensler.

Also Read: Donald Trump To Reportedly Announce Bitcoin Strategic Reserve