Law and Order
Who is Most Likely to Replace Gary Gensler After Trump Win?
Published
5 hours agoon
By
adminWill he be sacked? Or will he quit? Either way, crypto industry antagonist Gary Gensler’s days as Securities and Exchange Commission Chair are likely to be numbered.
President-elect Donald Trump is poised to hammer home one of his most popular crypto promises made earlier this year. At least, that’s what many in the industry are hoping for.
“I will fire Gary Gensler on day one,” Trump declared at a Bitcoin conference in July, prompting thunderous applause from thousands in Nashville. “The day I take the oath of office, Joe Biden and Kamala Harris’ anti-crypto crusade will be over.”
Regardless of the fact that Trump’s words cut against Supreme Court precedent—as Decrypt has reported, a president can’t fire an SEC chair without cause—the names of several potential Gensler replacements are making the rounds ahead of Trump’s inauguration on January 20.
That list includes Hester Peirce and Mark Uyeda, both SEC commissioners; Dan Gallagher, Robinhood’s chief counsel; former chairman of the U.S. Commodity Futures Trading Commission, Chris Giancarlo; and former Binance.US CEO Brian Brooks.
Appointed by President Joe Biden, Gensler’s term as chair doesn’t end until 2026—with 18 months of wiggle room following his expiration date.
Still, SEC chairs have historically resigned when an opposing political party assumes control of the White House. Even so, Gensler, a Democrat, could be immediately demoted from chair to commissioner by Trump, leaving someone else to take up the mantle.
John Stark, an ardent crypto skeptic who once served as an SEC enforcement attorney, made the case for Peirce on Thursday.
“Most of the time, they just resign because they know that a new chair is going to be appointed,” Stark said. “The president will then immediately appoint someone to be acting chair, and that will usually be the senior member of that party.”
Nicknamed “Crypto Mom” for her support of the industry, Peirce has disagreed with the SEC’s penchant for suing crypto companies since she was appointed in 2018. Dissenting against an NFT-focused enforcement action in September, she derided the SEC’s approach as “misguided and overreaching,” creating many needless cases.
Of the SEC’s five current commissioners, three belong to the Democratic Party, including Gensler. Meanwhile, Peirce’s Republican colleague, Uyeda, who was appointed in 2022, is also being pitched as a potential contender.
“I’d give decent odds to Uyeda,” Jake Chervinsky, chief legal officer at Variant Fund, said in a tweet on Wednesday, adding that he thinks Peirce doesn’t want the job. He caveated, however, “I expect Trump may prefer to bring in someone new of his own.”
Peirce did not immediately respond to a request for comment from Decrypt.
With Trump’s transition team co-chaired by Cantor Fitzgerald Chairman and CEO Howard Lutnick, an outside pick to lead the SEC appears possible Fitzgerald views Wall Street as ripe for top cabinet positions, POLITICO reported Wednesday.
Robinhood’s Chief Legal Officer Gallagher would be a “natural choice,” according to one former SEC official who spoke with POLITICO.
Formerly serving as an SEC commissioner from 2011 to 2015, Gallagher testified before Congress earlier this year about digital asset regulation and a lack of “regulatory clarity at the federal level.”
After injecting over $119 million into federal elections this year, some leaders of digital asset firms are making calls of their own for Gensler’s replacement. Ripple Labs CEO Brad Garlinghouse encouraged Trump to appoint Gallagher as SEC chair on Wednesday, as well as Brooks or Giancarlo.
“They’d be massive upgrades in rebuilding the rule of law (and reputation) at the SEC,” Garlinghouse said. “Fire Gensler. Day 1, no delays.”
Nicknamed “Crypto Dad” for his commitment to digital assets as chairman of the U.S. Commodity Futures Trading Commission (CFTC) from 2017 to 2019, Giancarlo now works as senior counsel and co-chair of Willkie’s Digital Works practice.
While Giancarlo led the CFTC, bitcoin futures became approved on the Chicago Mercantile Exchange. At the same time, he cultivated a “Do No Harm” approach to the digital assets industry, according to the conservative law group Federalist Society.
Brooks—who hasn’t yet earned a paternalistic moniker from the digital assets industry—most notably served as acting comptroller of the currency. Leading the independent arm of the U.S. Treasury Department, he was responsible for chartering, regulating, and supervising national banks.
From 2018 to 2020, Brooks served as chief legal officer for the crypto exchange Coinbase. After departing Washington, he also served as CEO of Binance.US, leaving the American company after four months due to “differences over strategic direction.”
Notably, Coinbase and Binance.US—alongside Binance and the exchange’s co-founder and former CEO Changpeng Zhao—face ongoing SEC lawsuits, which allege both firms breached its regulatory rules.
But with a Trump-led change in SEC leadership, former SEC official Stark said a shift in the agency’s stance would almost be certain.
“Does this mean that the SEC’s war on crypto is over?” he asked on Thursday. “I would say ‘absolutely,’ with a resounding ‘yes.’”
Edited by Sebastian Sinclair and Josh Quittner
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Law and Order
SEC Seeks Court Approval to Dismiss Kraken’s Major Legal Defenses
Published
21 hours agoon
November 7, 2024By
adminThe U.S. Securities and Exchange Commission has filed a motion in the Northern District Court of California, seeking to dismiss key defenses presented by Kraken in an ongoing legal dispute between the pair.
The regulatory watchdog contends Kraken had received prior fair notice when, last year, it charged the exchange with violating securities laws by offering crypto assets as “investment contracts,” according to a motion filed on Tuesday.
The timing of the SEC’s motion—filed on Election Day—prompted criticism from Kraken’s legal team, who view it as a tactic to avoid “discovery into the SEC’s defective and inconsistent policies.”
The agency seeks to eliminate Kraken’s claims of the major questions doctrine and due process violations—defenses Kraken argues are critical in protecting its operations from regulatory overreach.
Kraken’s insistence on lacking regulatory clarity is “without merit,” and the exchange was adequately warned about the potential classification of its crypto offerings as securities, the SEC contends.
The motion builds on the SEC’s argument that federal securities laws apply to digital assets offered as investments, a stance that has fueled multiple regulatory clashes with crypto firms.
“The Court should dismiss these defenses to help maintain the proper scope of discovery, narrow summary judgment, save judicial and party resources, and prevent Kraken from trying to re-litigate the same issues repeatedly at every possible stage of this case,” states the filing.
Kraken’s attorney, Michael O’Connor, didn’t hold back in criticizing both the timing and intent of the SEC’s move, calling it an “Election Day gambit,” in a Wednesday statement on X.
O’Connor referenced the Ripple case, where a similar SEC motion was dismissed, expressing confidence that Kraken’s defenses would withstand scrutiny.
The motion also arrives on the heels of Kraken’s demand for a jury trial. and its challenge to the SEC’s classification of 11 cryptos—including Solana (SOL), Cardano (ADA), and Polygon (MATIC)—as securities.
Kraken claimed that its repeated attempts to register with the SEC were “stonewalled” by the agency, alleging that SEC Chair Gary Gensler has inconsistently applied securities laws to the detriment of the crypto industry.
The SEC’s motion arrives amid speculation that Chair Gary Gensler could soon step down. With Donald Trump’s projected election win, analysts suggest Gensler may resign by year-end, following the precedent of SEC chairs leaving office during a change in administration.
Edited by Sebastian Sinclair
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Law and Order
Where Do Kamala Harris and Donald Trump Stand on Crypto?
Published
5 days agoon
November 3, 2024By
adminNeary 65 million Americans have already cast their votes ahead of next week’s election—and the race between the two candidates is tightening up.
Cryptocurrency has been a significant issue in the presidential race, with former president and Republican nominee Donald Trump pivoting from a skeptic to a self-proclaimed crypto candidate, while current Vice President Kamala Harris—who took over for President Joe Biden as the Democrats’ pick in July—has signaled an intent to break from the anti-crypto policies of the current administration in which she serves.
At Decrypt, we’ve been covering the ins and outs of the role of cryptocurrency in American politics throughout the entire election cycle. But with just three days left until Election Day, here’s a primer on where Trump and Harris stand on crypto, and what you might expect if either secures the win next week.
Donald Trump
Ex-President Donald Trump has been far louder than Harris on the topic of crypto.
Previously anti-Bitcoin and skeptical of the crypto space, the business and real estate mogul has taken a sharp U-turn on the topic, coming out as an advocate for the industry and picking up ample support and donations along the way.
I am not a fan of Bitcoin and other Cryptocurrencies, which are not money, and whose value is highly volatile and based on thin air. Unregulated Crypto Assets can facilitate unlawful behavior, including drug trade and other illegal activity….
— Donald J. Trump (@realDonaldTrump) July 12, 2019
Fast-forward to 2024 and Trump has released multiple sets of NFT collectibles, called for the Americanization of Bitcoin, and even has backed a decentralized finance (DeFi) project called World Liberty Financial alongside his sons. World Liberty hasn’t gotten off to a great start with prospective investors, though sources tell Decrypt that it plans to issue a stablecoin.
Like some other Republicans, Trump has railed against central bank digital currencies (CBDCs), or digital dollars—effectively government-backed cryptocurrencies that don’t yet exist in the U.S., but frighten the libertarian wing of the GOP and large parts of the digital asset space due to fears of increased government surveillance.
His promise to help Bitcoin mining—a big business formerly dominated by China, but now with a lot of American players—perfectly fits Trump’s fiery protectionist brand. As does his desire to fire crypto bogeyman Gary Gensler, the crypto-targeting U.S. Securities and Exchange Commission chairman.
Top executives in the crypto space have since backed Trump for his apparent passion for the industry, or at least his willingness to publicly engage with an industry that most politicians have avoided.
If elected to a second term, will Trump live up to his promises to protect crypto in the U.S. and advance the industry?
Kamala Harris
Democratic nominee Kamala Harris was initially quiet on the topic, and unlike Trump, certainly hasn’t been seen tossing burgers to Bitcoiners at a BTC-themed New York City bar.
But crypto is a part of the former attorney general’s agenda.
In October, Harris said she had plans for the space when a part of her “Kamala Harris Will Deliver for Black Men” platform included a commitment for specifically for the African American community.
A document for the campaign said it was for “supporting a regulatory framework for cryptocurrency and other digital assets so Black men who invest in and own these assets are protected.”
The framing proved controversial, particularly since it was arguably her most specific comments to date about crypto. But a spokesperson later clarified that such plans were intended for all Americans, and wouldn’t be limited by race.
That isn’t the only evidence that the crypto industry will fit into her presidential plans, however. Harris has said that blockchain, AI, and other emerging technologies will be innovated upon in America, and before that told donors at a fundraising event that she would encourage growth for the digital assets space in the country.
Billionaire businessman and crypto enthusiast Mark Cuban previously told Decrypt in July that the Harris campaign reached out to the former Dallas Mavericks owner with questions about digital assets. He later said the Harris camp was “far more open” to the space than the Biden administration—and he’s not the only crypto heavyweight who’s optimistic about Kamala.
Edited by Andrew Hayward
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Law and Order
SEC Files Last-Minute Appeal in Ripple Case—Why the XRP Army is Outraged
Published
3 weeks agoon
October 18, 2024By
adminThe U.S. Securities and Exchange Commission has filed a last-minute appeal in its ongoing legal sparring with Ripple Labs, seeking to reverse parts of a summary judgment delivered by U.S. District Judge Analisa Torres more than a year ago.
Torres’ July 2023 ruling partially favored Ripple by concluding that the company’s sales of XRP to retail investors on digital asset platforms did not violate U.S. securities laws.
The court found that these transactions did not meet the legal criteria for an investment contract, dealing a blow to the SEC’s broader efforts to regulate cryptocurrency sales under existing securities laws.
Filing in the U.S. Court of Appeals for the Second Circuit late Thursday, the SEC does not contest the decision that XRP sales to retail investors through exchanges are not securities. Instead, the agency is focusing its challenge on other key aspects of the ruling.
The appeal targets the court’s decision that Ripple’s offers and sales of XRP on digital asset trading platforms, as well as personal sales by Ripple executives Bradley Garlinghouse and Christian Larsen, did not constitute securities violations.
The agency is also contesting the ruling that Ripple’s distributions of XRP in exchange for non-cash consideration were not in breach of securities laws.
Ripple’s institutional sales of XRP to large investors were previously found to have violated securities laws by the U.S. Southern District Court, which imposed a $125 million civil penalty on the San Francisco-based firm.
The SEC’s appeal, which will be reviewed de novo, will allow the appellate court to reconsider the lower court’s interpretation of securities laws in relation to XRP sales on digital platforms and non-cash transactions.
De novo means that the appellate court will reconsider these legal issues from scratch without deference to the district court’s interpretations. Ripple’s victory regarding XRP’s retail sales, however, remains intact and is not part of the appeal.
While it was widely anticipated that the SEC would file its notice of appeal on October 2, users have taken to social media to decry what they view as the agency missing a 14-day window for filing its Form C.
A Form C, in the context of appellate court procedures, is used by the appellant—in this case, the SEC—to provide basic information about the appeal and the lower court’s decision.
Filing is mandatory and must be done within 14 days of filing the notice of appeal, according to the form’s own legalese. It’s a date that some have accused the agency of missing, as the document is dated October 16, while the Second Circuit’s docket shows a filing for October 17.
Decrypt attempted to contact the SEC on that point but has so far received no response. A spokesperson for Ripple did not answer questions relating to the deadline window, instead pointing Decrypt to a social media post by the firm’s chief legal officer, Stuart Alderoty.
“No surprises here — once again, it’s been made clear. The Court’s ruling that “XRP is not a security” is NOT being appealed. That decision stands as the law of the land,” Alderoty tweeted Thursday.
“Stay tuned for Ripple’s Form C to be filed next week,” the executive added.
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