Crypto Regulations: SEC Warns More Charges Against Crypto and Defi Exchanges Are Coming

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It looks like the SEC’s got more than a few tricks up its sleeve! According to David Hirsch, the head in charge of crypto enforcement at the SEC, the recent crackdown on Coinbase and Binance is just the tip of the iceberg. Brace yourselves, because they’re gearing up to regulate whatever comes in the crypto way and DeFi is next. Hirsch spilled the beans, revealing that they’re currently on the prowl, investigating other exchanges and DeFi platforms that might be tiptoeing around legal boundaries. It’s not just the big names that have caught their eye – they’ve got a whole list of suspects! Let’s find out. 

What is SEC Planning? 

The SEC’s Crypto Assets and Cyber Unit, led by Hirsch, is working tirelessly to ensure that everyone plays by the rules in this rapidly evolving space. So, if you think the crypto action has subsided, just wait until you see what’s coming next!

Hirsch said the SEC will cover the whole bunch of brokers, dealers, and clearing agencies in the crypto space. All entities under the SEC’s jurisdiction must meet regulatory obligations, including registration and disclosure. This includes DeFi projects, showcasing a thorough enforcement approach. 

While addressing the Securities Enforcement Forum Central in Chicago on September 19, he claimed that: 

“We’re going to continue to be active as to intermediaries,” he said. “That can be brokers, dealers, exchanges, clearing agencies or any others who are active in this space, are within our jurisdiction and not meeting their obligations, either through registration or failure to provide adequate or complete disclosures.”

Traditionally, the SEC has pursued settlements with regulated businesses, typically large firms, to resolve regulatory breaches. However, in today’s time, where charges can have a significant impact on the existence of companies, the SEC is more inclined to engage in litigation. Hirsch acknowledged that the SEC’s resources are limited, which confines its capacity to address every token or platform directly. 

Clamping Down SEC’s Prowess on Defi Projects

Recently, regulatory bodies like the SEC and CFTC have made it clear that they consider DeFi within their authority. In 2022, the CFTC pursued legal action against Ooki DAO, leading to a halt in its operations. However, the CFTC also settled with three DeFi platforms in September 2023, which had ties to associated companies. Additionally, the SEC issued a subpoena to SushiSwap this year, although no charges have been filed yet, and associated companies could be a direct focus.

On the flip side: According to Ripple lawyer John E. Deaton, a vocal critic of the SEC, believes that the commission’s regulatory stance is legally questionable. As the SEC continues its enforcement efforts, questions arise about its ability to prevail in cases against the industry.