Is the SEC’s Crypto Crackdown Over? Stark Declares It ‘Expired’

Key Takeaways

• The SEC’s crypto enforcement, including cases against Coinbase and Binance, is reportedly grinding to a halt.
• Former SEC official John Reed Stark suggests these developments signal the end of the SEC’s crypto-enforcement efforts.
• The agency’s newly formed Crypto Task Force is now reshaping the regulator’s approach to digital assets.

The U.S. SEC lawsuit against Coinbase appears to be losing momentum as the regulator reconsiders its crypto enforcement approach. Former SEC official John Reed Stark highlighted this shift, posting that the case against Coinbase, like its action against Binance, is effectively “paused.”

Stark further hinted that even the appeal in the Ripple case could also meet the same fate, calling the SEC’s enforcement campaign for cryptocurrencies “outdated.” On Friday, the agency filed the Second Circuit Court’s joint motion, citing its recent establishment’s ongoing consideration of the matter for cryptocurrencies by its Crypto Task Force.

The regulator sought the extension for the purpose of being able to react to Coinbase’s appeal for consideration, implying the likelihood for the situation being solved. In Stark’s viewpoint, this is the agency’s objective against Coinbase, much like the recent halting of the hearing for the Binance situation.

Binance and Ripple: Signs of Broader Change

The agency’s enforcement strategy appears to be being rewritten. Both the exchange and the regulator filed a joint motion for suspension of the hearing for their case, alleging the potential impact of the work by the Crypto Task Force. Stark also predicts the agency will withdraw its appeal against Ripple, the latest about-face by the agency towards regulating cryptocurrencies.

Stark also observed the agency’s previously strong Crypto Assets and Cyber Unit is now called the Cyber and Emerging Technologies Unit. This restructuring and repurposing of senior talent is reflective of the agency’s overall transformation of its enforcement strategy towards cryptocurrencies.

A Turning Point for SEC and Crypto Regulation

Under the successive governments, the agency has progressively treated the vast majority of electronic assets as equivalent to securities, something supported by various judgments by the courts. However, recent signals indicate this hard line is being softened.

Stark speculates the agency is shifting its focus from enforcement and combative litigation towards resolutions or dismissal of the cases under consideration. This shift may bring about the start of the next wave of regulatory certainty and cooperation for the space. But only the test of time will determine how this will impact investors and market players.

The agency’s enforcement campaign for cryptocurrencies seems to sit at the intersection, its future direction hanging in the balance waiting for the work being accomplished by the Crypto Task Force. In Stark’s terms, the hard-line enforcement by the SEC against cryptocurrencies may officially be over.

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