Bitcoin News and Finance SEC-retly Failing: How the SEC Is Letting Crypto Down Skip to main content

SEC-retly Failing: How the SEC Is Letting Crypto Down

SEC-retly Failing: How the SEC Is Letting Crypto Down

When Gary Gensler (ex-Goldman Sachs investment banker) was announced as the new head of the Securities and Exchange Commission (SEC) in February 2021, the crypto industry saw a glimpse of hope. After all, the man in charge of regulating the industry was a “crypto native,” having taught a course on the subject at MIT. However, two years later, it’s clear that Gary has been a big letdown for the industry as the SEC failed to identify major frauds and protect investors.

The following opinion editorial was written by Joseph Collement, General Counsel at Bitcoin.com.

This should not come as a surprise, as history shows that the SEC is as effective as a screen door on a submarine when it comes to protecting investors. They’re supposed to be the watchdogs of Wall Street, but they’re more like the lapdogs of Wall Street.

Take the collapse of Enron in 2001 as an example. The SEC did not formally review the company’s cooked financial statements for at least three years prior to its downfall. Six years later, the SEC’s complete laissez-faire approach toward Wall Street led to the biggest financial crisis since the Great Depression. In the years leading up to the 07-08 collapse, experts and whistleblowers were warning about the dangers of subprime mortgages and the risky practices of lenders. Despite its power to monitor investment banks, the SEC did not take any meaningful steps to protect millions of investors.

Then there’s the Madoff Ponzi scheme, the man who stole billions of dollars from unsuspecting investors for decades. The SEC conducted multiple investigations into Madoff’s business practices, but they failed to uncover the fraud. Madoff was able to continue his scheme for decades until the bubble burst in 2008. It’s worth noting that Madoff sat on SEC advisory committees while he was running his Ponzi scheme.

And now, we have the collapse of FTX and Alameda, which left hundreds of thousands of customers out of pocket. Despite clear signs, the SEC had the chance to intervene, but they didn’t. Instead, they met with SBF behind closed doors for private discussions. This is especially noteworthy considering that Alameda’s CEO’s dad, Glen Ellison, was Gary’s boss at MIT.

So, why does the SEC keep failing us? One reason could be that they’re too focused on small, insignificant cases, instead of focusing on the big, systemic issues. When you’re a bully, it’s easier to pick on the smaller kid at school. For example, we’ve seen the SEC go after relatively small projects for technical violations of securities laws (think LBRY) while failing to intervene in major frauds such as FTX. The SEC knows smaller projects do not have the resources to fight them, so it’s an easy win for them and great PR. This is not to say small cases should be ignored, but rather that the SEC should be able to balance both.

A different rationale could be that the SEC is not properly equipped or staffed to handle these complex cases. The SEC’s budget and staffing levels have remained relatively stagnant in recent years when compared to the exponential growth of crypto markets since 2017. This may have left them struggling to keep up with the rapid pace of change.

Another explanation could be that the SEC has been captured by the industry it regulates. It is no secret that the SEC has close ties with the financial industry. In fact, many of the SEC’s top officials come from Wall Street firms, and they often return to the industry after leaving the SEC (think Mary Jo White, ex-head of the SEC, now representing Ripple against the SEC). This revolving door undoubtedly creates a conflict of interest and can lead to a lack of oversight of the industry. It’s also not impossible to imagine that someone in the government was influenced by FTX. This would explain why SBF was not investigated prior to FTX’s collapse and the reason why he essentially walked out of court as a free man post-bond hearing.

Finally, there could be a lack of political will to hold the SEC accountable. The SEC is an independent agency, but it ultimately answers to Congress and the President. Unfortunately, politicians are often more interested in scoring political points than in addressing the real problems facing the securities markets.

Whatever the reason may be, the fact remains that the SEC keeps dropping the ball. It is imperative that the public calls for accountability from our government agencies. We need an SEC that operates without political bias and fearlessly takes on the elite to guard investors from exploitation.

What do you think should be done to ensure that the SEC operates without bias and effectively protects investors in the crypto industry? Let us know what you think about this subject in the comments section below.

Comments

Popular posts from this blog

Custodial Lightning Network Service Attack Discovered by LN ‘Newbie’ — Hacker Strikes 6 LN Custodians

On September 18, a Redditor posted to the r/bitcoin forum and explained how he discovered a way to “attack [the] lightning Network’s custodial services.” The Reddit account dubbed “Reckless Satoshi” wanted to figure out if a “discrepancy between real routing fees and service’s transaction fee can be exploited for a profit.” The researcher disclosed that he wanted to see how large the damage could be and said “it is bad.” 6 Lightning Network Custodial Services Attacked, Researcher Discloses Findings to Offenders Prior to Public Disclosure A Redditor called Reckless Satoshi published a disclosure post on r/bitcoin this past Saturday and disclosed how he had found a vulnerability with routing fees and some of the Lightning Network’s custodial services. The research attack was done in good faith and after it was complete he disclosed the bugs to the offending services before publishing his findings. Reckless Satoshi used the Lightning Network (LN) attack on six different services incl...

Axie Infinity Down 40% Since Last Week’s Price High, Protocol Revenue Outshines Competitors

Last week, the game token leveraged within the Axie Infinity gaming universe skyrocketed to all-time highs, while other crypto markets remained extremely lackluster. During the last seven days, Axie Infinity’s platform token has dropped significantly in value shedding more than 12%. Meanwhile, the game platform’s smooth love potion token has slid over 8% over the last 24 hours. Axie Infinity Down More Than 40% Since All-Time High Not too long ago, the axie infinity (AXS) token was a topical conversation because it reached an all-time high on July 15. At the time, AXS managed to capture $28.93 per unit and since then it has shed 12.8% during the last seven days. The axie infinity (AXS) token is used within the blockchain-based game that involves battles between token-based creatures called “Axies.” AXS is used for the game’s governance system as well as other actions within the game. At the time of writing axie infinity (AXS) is exchanging hands for $16.70 per coin. AXS/USD on Ju...

Play-to-Earn Game From Polker (PKR) Exchange Listing – Endorsed by Akon

The Play-to-Earn NFT based Polker.Game ‘s native token $PKR has been officially listed on the popular centralized exchange BitMart. Polker.game has been in the spotlight recently as Akon, the American R&B superstar and record producer gave his official endorsement of polker stating that the “game is revolutionary” and that Polker is “hands down.. the best play to earn, NFT game in the space.”. With the BitMart listing and celebrity endorsement from Akon, Polker is perfectly positioned to become a major player in the Play-to-Earn league. Watch Akon’s Video Here What is Play-to-Earn? Although not a new concept, play-to-earn has become a trending term due to the popularity of the NFT game AXIE infinity. In the past, previous play-to-earn games have also achieved success – however, thanks to the huge amount of development in the blockchain space in recent years the gaming experience is now massively improved. Play-to-Earn games are essentially free to play and open to anyone and...

China to Crack Down on Copyright Infringement Through NFTs

Authorities in China are going after creators of digital collectibles based on other people’s works of art, the use of which was not authorized. The government offensive is part of a campaign to combat online copyright infringement and piracy with the participation of several departments. Regulators in China Move to Strengthen Copyright Supervision of Online Platforms The National Copyright Administration of China (NCAC) has recently launched a campaign against copyright infringement and piracy on the internet, together with the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Internet Information Office of the People’s Republic. A major objective of the initiative is to improve copyright supervision of online businesses by investigating cases involving the sale and distribution of infringing products on short video, live broadcast and e-commerce platforms, and promptly dealing with infringing content, the agency announced in a press r...
Blogarama - Blog Directory