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His exit will not only conclude his leadership role but will also mean he vacates his commission seat entirely, leaving him unable to champion the stringent regulatory framework he has pushed against the crypto industry. According to a press release from the SEC, Gensler’s resignation will take effect at noon on January 20, the same moment President-elect Trump is sworn into office. In his farewell remarks, Gensler shared his deep appreciation for the SEC, calling it a remarkable institution.
He praised the dedication of its staff and commissioners, underscoring their unwavering commitment to protect investors, foster capital growth, and ensure fair play in the financial markets.
Gensler reflected on the privilege of advocating for regular Americans while working to uphold the integrity of the U.S. capital markets.
While many in the industry had hoped for a more lenient regulatory climate, Gensler opted for a tougher approach, ramping up enforcement actions not only against issuers but also targeting cryptocurrency exchanges. Under his leadership, the SEC has taken legal action against major exchanges such as Binance, Binance.US, Coinbase, Kraken, and Shapeshift.
The SEC accused these platforms of operating as unregistered securities brokers and clearinghouses. Interestingly, Gensler also oversaw the initial approval of spot bitcoin and ether exchange-traded products (ETFs) in the U.S. This marked a historic achievement after years of attempts by crypto firms to introduce such products.
Although Gensler initially resisted these approvals, a recent court ruling compelled him to align with Republican commissioners, paving the way for the ETFs’ approval.
Speculation includes names like former SEC official Teresa Goody Guillén and Brian Brooks, the ex-Acting Comptroller of the Currency who previously worked at Binance.US.
Additionally, former SEC Chair Jay Clayton has been suggested for the role of U.S. Attorney for the Southern District of New York, a position renowned for its corporate prosecution duties. Once Gensler departs, the SEC will feature an even split of two members from each political party until the Senate confirms Trump’s nominee.
This equilibrium could result in delays regarding any significant policy changes or enforcement activities, especially until Republicans regain a majority on the commission. Reflecting on his tenure, Gensler acknowledged the groundwork laid by Clayton, particularly in terms of enforcement related to registration violations.
He noted that, according to the SEC’s Office of the Inspector General, a striking 18% of the SEC’s tips, complaints, and referrals pertained to cryptocurrency issues, despite this sector representing under 1% of the U.S. capital markets.
He emphasized that the courts have consistently upheld the SEC’s authority to safeguard investors, dismissing assertions that the agency lacked the power to enforce existing securities laws regardless of their manifestation. Interestingly, Gensler’s resignation follows a recent Fifth Circuit federal court ruling, which suggested that the SEC may have overstepped its authority in an effort to expand its definition of a “dealer,” in a case brought forth by advocates of cryptocurrency.
The timing of his departure raises questions about the future direction of the SEC and its regulatory stance toward the crypto market. “`html
Source: Coindesk.com
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