18 U.S. States File Against the Securities and Exchange Commission

18 U.S. states have filed a lawsuit against the Securities and Exchange Commission (SEC), alleging that the agency is overstepping its authority in regulating the cryptocurrency industry.

The coalition, led by Kentucky Attorney General Russell Coleman, contends that the SEC’s actions infringe upon states’ rights to oversee their own economic sectors and stifle innovation within the rapidly evolving digital asset space.

The lawsuit specifically targets SEC Chair Gary Gensler and other commissioners, criticizing their aggressive enforcement approach toward crypto firms. Under Gensler’s leadership, the SEC has initiated numerous enforcement actions against major crypto entities, including Coinbase and Binance, asserting that many digital assets qualify as securities and thus fall under federal securities laws.

The states argue that the SEC’s broad assertion of regulatory jurisdiction lacks clear congressional authorization and undermines state-level regulatory frameworks designed to protect consumers and foster economic growth. They assert that the SEC’s actions constitute a “regulatory landgrab” that forces some crypto firms into quick settlements or drives them to relocate overseas.

DeFi Education Fund

Joining the states in the lawsuit is the DeFi Education Fund, a crypto advocacy group that has previously challenged the SEC’s stance on digital assets. The group argues that the SEC’s enforcement-driven approach creates uncertainty and hampers the development of decentralized financial technologies.

This legal challenge highlights the ongoing debate over the appropriate regulatory framework for cryptocurrencies in the United States. While the SEC maintains that its actions are necessary to protect investors and ensure market integrity, critics argue that the agency’s approach is overly aggressive and lacks the clarity needed for the industry to thrive. The outcome of this lawsuit could have significant implications for the future of crypto regulation in the U.S., potentially redefining the balance of power between federal and state authorities in overseeing the burgeoning digital asset market.

Gensler’s Address, The Long Goodbye?

Gensler spoke at the Practising Law Institute’s 56th Annual Institute on Securities Regulation last week stating, “When I arrived in 2021, the Commission under Chairman Jay Clayton had already brought some 80 actions, including the Ripple case, against participants in the crypto markets that were not following the common-sense rules of the road.

Court after court has agreed with our actions to protect investors and rejected all arguments that the SEC cannot enforce the law when securities are being offered—whatever their form. Not every asset is a security. Former Chairman Clayton and I have both said that Bitcoin is not a security, and the Commission has never treated Bitcoin as a security.

Our focus, rather, has been on some of the 10,000 or so other digital assets, many of which courts have ruled were offered or sold as securities. Putting this in context, aside from bitcoin, ether, and stablecoins, the rest of this market approximates $600 billion. That’s less than 20 percent of the whole crypto market and less than one-quarter of one percent of the worldwide capital markets.

Let me make two points.

First, those parties offering or selling securities to the public need to register and give proper disclosure to the public. Second, the intermediaries—broker-dealers, exchanges, clearinghouses—need to be registered and properly regulated as to conflicts, disclosures, and business conduct.”

Gensler then went on to say it has been his honor to serve, and he gave thanks to the SEC staff and his family. It sure sounds like a goodbye? Watch this space.

Source: Wikipedia