Crypto lawyer PSA: Chair Gensler has again proclaimed that every cryptocurrency, except BTC, is an unregistered security. He now must recuse himself from voting on any enforcement case that raises that issue since he has prejudged the outcome. Antoniu v. SEC (8th Cir. 1989)
U.S. regulators are in crypto crackdown mode. Some see hostility nudging crypto offshore as a feature, not a bug. But pushing crypto overseas would be a strategic mistake for U.S. hard power, tech innovation, & economic dynamism. Latest blog+🧵1/n
https://t.co/zXDl7adLca
“From the lightbulb to lasers, and from semiconductors to supercomputers, America has always been a nation of invention, entrepreneurship, and innovation.” U.S. Secy. of Commerce on the CHIPS Act’s vision to reclaim America’s technological leadership
Don’t forget Subtitle H
An exercise in futility. This isn’t going to make crypto disappear - these actions will just push activity to corners where agency oversight is nowhere near as clear.
The SEC has lost 4 of its last 5 cases in the Supreme Court, thanks to the few that had the courage and resources to fight back against the SEC’s bullying and clinging to stretch legal positions that were not faithful to the law.
To the extent that the mere will of an agency official or an agency itself
is permitted to exceed the authority granted by law, the government becomes an autocracy. Against this threat of “officialdom unchained” the “courts have always been vigilant.” Jones v. SEC (1936).
Reminder that agency authority rests “on laws and regulations, not on personal beliefs or political motivations. Regulatory threats, undue pressure, coercion, and intimidation … have no place.” - 2019 FDIC statement ending Operation Chokepoint
https://t.co/cduEn0mC7S
Over 40 million Americans own crypto. Most of those are between the ages of 18-34 and are demographically and racially diverse. That’s a lot of votes. Gary Gensler is a political liability.
Wait, it’s not April Fool’s today?! Adding this to the list of the most ludicrous things I’ve read in a long time (that the US should ban crypto to be more like China…) https://t.co/VqdCaKmlkD
What a punchline: “The SEC not only has expanded its regulatory reach far beyond its legal authority; it has morphed from an umpire objectively enforcing the rule of law to an economic policy maker dictating how the economy will operate.”
(paywall) https://t.co/AANvesH9dB
I also heard about Bitzlato for the first time today, but (despite the funny memes) the DOJ's action makes clear that they will prosecute those who exploit the crypto ecosystem to commit crypto crimes. That's good policy.
I laid out a few thoughts today in @FortuneMagazine on the need for congressional oversight of the SEC after the recent collapses of BlockFi and FTX (among others): https://t.co/Z91Hk48fsc
Even if true, this only shows that the SEC’s unelected bureaucrats believe they have unchecked power to issue indiscriminate closed door edicts under pain of punishment to those who don’t blindly obey. We have crossed from regulation by enforcement to hubris most foul.
The SEC admits that FTX customer assets were used to bail out BlockFi. Were those customer assets funneled to the SEC to make payments on the $100 million SEC/BlockFi settlement? Did the SEC bother to conduct any due diligence on the source of those funds?