Key Points:
In an interview with New York Magazine, Gary Gensler stated:
“But at the core, these tokens are securities because there’s a group in the middle and the public is anticipating profits based on that group.”
This assertion is crucial to Gensler’s argument that these are legitimate securities transactions that fall within the SEC’s purview.
Despite the well-funded cryptocurrency campaign, which is unlikely to give up anytime soon, the SEC has emerged as the major civil regulator of the sector. Yet, there are still uncertainties regarding the agency’s recent activities and the effectiveness of its present enforcement policy.
There are people behind these cryptocurrencies using all sorts of complex and legally opaque mechanisms, but at the most basic level, they are trying to promote their tokens and attract investors. According to Gary Gensler, Bitcoin is fundamentally different from other crypto projects in this regard due to its unique history and creation story.
Attorneys for cryptocurrency have rejected statements made by the chairman of the US securities regulator. In contrast, Gensler’s “opinion is not the law,” according to Jake Chervinsky, a lawyer and policy director at Blockchain Association, a crypto advocacy group.
In a series of tweets, Gabriel Shapiro, general counsel of investment company Delphi Laboratories, described the almost impossible enforcement the SEC would have to take out on the sector in order to establish its rule.
The SEC and other federal government agencies did nothing to stop the crypto scam that cost tens of billions of dollars in damages over the last year.
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