As President-elect Donald Trump prepares to take office, the US Securities and Exchange Commission (SEC) is preparing to initiate changes that could halt enforcement actions against crypto firms, Reuters reported, citing individuals familiar with the matter.
Sources told the news outlet that SEC commissioners Hester Peirce and Mark Uyeda, known for their crypto-friendly stances, are ready to revise the agency’s policies.
The two commissioners are reportedly considering measures to clarify when crypto qualifies as a security and to review ongoing enforcement cases, including some involving high-profile companies like Coinbase and Kraken.
Bill Hughes, a lawyer at Consensys, assumed the sources cited were inside the SEC and knew about the new administration’s path. He said the information aligns with expectations created by Trump’s remarks on crypto.
He added:
“Given how tight lipped SEC folks generally are that really isn’t a bad bet — then this isn’t credible and potentially fed to Reuters to put pressure on SEC leadership to change things up starting next week.”
New chair, different stance
The expected changes come as Paul Atkins, a former SEC commissioner and Trump’s pick for SEC chair, is poised to take the reins following Senate confirmation. Atkins is widely regarded as a proponent of less restrictive crypto policies, having been the co-chairman of the Digital Chamber’s Token Alliance since 2017.
Due to the high compliance costs, the incoming administration will likely rescind accounting guidance critics say has deterred companies from holding crypto for clients.
While Peirce and Uyeda may begin laying the groundwork for new regulations, achieving consensus on crypto rules could take months, if not longer.
Sources say the SEC may freeze or reevaluate some ongoing litigation, mainly cases that do not involve allegations of fraud. This move could lead to settlements or even the withdrawal of cases in certain instances.
Potential challenges
The potential rollback of enforcement actions raises questions about the politicization of regulatory processes, with critics warning that it could set a risky precedent. Legal experts note that courts could also oppose resolving complex legal battles related to the definition of securities.
Philip Moustakis, a partner at Seward & Kissel and a former SEC attorney, stated that halting enforcement actions or dismissing cases en masse would be unprecedented and could have long-term implications for the SEC’s credibility.
Meanwhile, Robert Cohen, a partner at Davis Polk who previously worked in the SEC’s enforcement division, highlighted that the regulator could reopen settlement negotiations in some ongoing cases.
He added that crypto firms say that the SEC under the Gary Gensler administration refuses to discuss outcomes based on settlement.
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