Showing posts with label Gary Gensler. Show all posts
Showing posts with label Gary Gensler. Show all posts

Congressional Bill Aims to FORCE the REMOVAL of "Tyrannical" SEC Chairman Gary Gensler, and Re-Structure The Entire Agency...

Congress VS Gensler

US Congressmen Warren Davidson and Tom Emmer (Republicans) officially presented the "SEC Stabilization Act" this week, a bill that would remove Chairman Gary Gensler and completely restructure the organization.

"Time for real reform and to fire Gary Gensler" Davidson said on Twitter as he announced the proposal.

Davidson is the vice chair of a new Congressional Subcommittee that focuses entirely on cryptocurrency and other finance-related technology, and he believes the SEC's current structure puts too much power in the hands of the Chairman, and when that position is filled by someone who then abuses that power or otherwise fails to lead the organization, there's no process to stop them before real economic damage is done - pointing to the current Chairman Gary Gensler as an example.

"U.S. capital markets must be protected from a tyrannical chairman, including the current one." Davidson said in a statement, adding that the bill will "ensure protections that are in the best interest of the market for years to come".

Gensler has by all accounts mismanaged the SEC, and that's not just bias coming from the crypto industry - more employees are quitting under him than any time in the previous decade...

Leading up to last week's actions against Coinbase and Binance, Brian Armstrong, CEO of Coinbase, had outlined multiple attempts over the span of 2 years to get simple answers from Chairman Gensler, disclosing full details of their business practices for review and requesting the SEC share any concerns - Coinbase was desperately trying to follow the rules.

Often, in the case of crypto, the existing old rules written long before crypto existed clearly do not fit the circumstances today. Until rules specifically addressing digital assets like crypto are officially created, the only source for an answer is the mind of the SEC Chair and what he believes applies and when.

Regardless of their repeated requests for answers, Coinbase was given the silent treatment until last week, when the SEC announced they were taking them to court...

A government agency designed to be an authority over businesses or people, trusted to fairly issue punishments for non-compliance, simply cannot operate the way the SEC has under Chairman Gensler.

Imagine this: you're driving somewhere that will be a 5-hour trip, you're on a highway 2 hours away from any major cities, and you realize it's been awhile since you've seen any signs showing what the speed limit is in this area. Noticing you're down to a quarter tank and your GPS saying you have 3 more hours ahead of you, you pull off the highway and into a gas station. As you fill your tank, a police officer pulls up to the pump next to you. You politely explain that you've been looking, but so far haven't seen any signs showing the speed limit for awhile, so you ask "What is the speed limit on the highway in this area?". The officer looks at you briefly, then begins the process of putting gas in his patrol car. "Excuse me?" you say, as he continues to act like you're invisible. You stand there confused as he finishes, opens his car door, sits down, starts the car, and drives away - no signs that he was rushing to respond to an emergency. You resume your trip going a reasonable 65mph when you see your car mirrors filled with red and blue lights, a police car is pulling you over. Now stopped on the side of the highway, you see the same officer from 15 minutes earlier at the gas station. The officer informs you that you will be receiving a speeding ticket for going 65 when the speed limit in this area is 55mph.

"If you had told me the speed limit when I asked, I wouldn't have been speeding for you to write me a ticket to begin with" you say as the officer hands the ticket to you and walks away.

This is how the SEC operates under Chairman Gensler's leadership, but the consequences of his actions are much larger than a speeding ticket as they affect countless people and businesses. Because while US companies are being pulled over and forced to deal with a cop that seemingly set them up, competitors from places like the United Arab Emirates, Taiwan, and some European nations have taken the lead after recently passing reasonable, clear guidelines for businesses in the crypto space to follow.

Claiming the SEC is mismanaged is a big claim to make, but some recent actions make the entire agency look so ridiculous it could only happen under a failing leadership.

In its oversight of Coinbase, the SEC massively contradicted itself with a series of unexplainable decisions...

As recently as 2021, the SEC reviewed Coinbase's entire business in detail before approving them to become a publicly traded company listed on the stock exchange. SEC approval is seen by investors around the world as an official stamp of approval that says, 'This is a legitimate American company, and the public can now invest in it'. 

Coinbase isn't doing anything today that it wasn't doing in 2021. Then, last week, according to the SEC, many of the coins Coinbase has been trading for years are actually illegal to trade in the US, calling them 'unlicensed securities'.

So the message the SEC just sent investors around the world is, "In 2021 we approved Coinbase to become a publicly listed company, allowing investors to purchase stock in the company.  Now that countless individuals, investment funds, companies, and retirement funds are invested - we're going to cause the stock to crash, as we take Coinbase to court over violations that began YEARS before we approved them."

We haven't yet heard how many other congress members support restructuring the SEC, over the next few weeks we should be able to get an idea of how much support the bill has, even if it doesn't pass it's shining a light on Gensler's mismanagement of the SEC

The SEC has declined to comment on the story.

Author: Oliver Redding
Seattle Newsdesk  / Breaking Crypto News

The TRUTH About The SEC's Lawsuit Against Binance - Why The SEC Has NOT Been Telling The FULL Story...

SEC sues Binance

Just a month ago, the scent of a showdown was in the air when Gary Gensler, Chairman of the U.S. Securities and Exchange Commission (SEC), expressed his distaste for Binance during an interrogation by Congress. Labeling the cryptocurrency exchange as a deceiver of customers and a circumventor of U.S. securities laws, Gensler signaled a storm brewing on the horizon.

Fast forward to today, Binance finds itself squarely in the SEC's sights. A formal lawsuit against Binance, its CEO, and associated parties has been filed, alleging severe breaches of federal securities laws. According to the SEC, these supposed violations jeopardized investors' assets and enabled the accused to unlawfully accumulate profits totaling billions.

Before diving into the lawsuit, it's important to understand how things got here...

There are some vital details that set the stage for the ensuing legal battle. This is not your regular SEC operation.

- SEC Chairman Gary Gensler is one of the most contentious leaders to date.

His leadership style significantly deviates from his predecessors, instigating a tense atmosphere between the SEC and regulated firms.

Formerly, the SEC used to handle compliance issues in a manner that fostered dialogue between enterprises and regulators. However, attempts to uphold this tradition of open communication under Gensler's leadership were met with silence. A notable point of concern is Gensler's often refusal to respond to inquiries, even when he is the sole authority capable of answering.

His silence speaks volumes when firms, after being overlooked, find themselves on the receiving end of an SEC lawsuit. "Leveraging enforcement actions to interpret law in a burgeoning industry is neither an effective nor equitable regulatory approach," argues a congressional representative.

SEC Chair Gary Gensler takes questions from Congress.

- Under Gensler we have witnessed a large number of disgruntled employees leaving the SEC, and unhappy businesses leaving the country...

Gensler's management style has been controversial, eliciting criticism from within the SEC. Commissioner Hester Pierce described his leadership as 'lethargic,' critiquing the reliance on enforcement actions for legislative interpretation in an emerging industry as inefficient and unfair.

- The most concerning illustration of the SEC's broken leadership: its interaction with Coinbase.

Despite obtaining SEC approval and listing on the stock exchange following detailed disclosure of operations, Coinbase, without any operational changes, received a Wells Notice stating an impending lawsuit for potential violations.

Essentially, after SEC approval and US investors buying hundreds of millions of dollars of coinbase stock, that stock is now at risk of the agency that approved it, now out to crash it - all with no changes in business operations since it was approved. 

*Update* - One day after this article was published the 'impending lawsuit' referenced above was executed.

- Criticized for Missing in Action When the SEC was Actually Needed - FTX Debacle Occurred on Gensler's Watch.

While firms seeking guidance were ignored, then slapped with lawsuits for violating undisclosed rules, FTX, under Gensler's supervision, ascended to be the #2 global exchange free of any interference. Ironically, the Binance CEO, now facing a lawsuit, exposed FTX's underlying fraud.

The SEC nowhere to be found as users traded assets that were non-existent or misplaced due to FTX's deficient and fraudulent accounting.

- These are not criminal charges.

The lawsuit seeks financial penalties for regulation violations. No criminal incarceration can result from the legal actions taken thus far.

- A recurring name you will see in the charges 'BAM Trading'.

Listed as the 'owner' of, BAM Trading was purportedly created to comply with U.S. laws. However, the SEC alleges that CEO CZ controls both and, implying that BAM Trading is merely a facade for Binance's U.S. operations.

Armed with this background, let's delve into the lawsuit:

The SEC accuses Binance and BAM Trading of deceptive practices, enticing U.S. investors into buying, selling, and trading crypto assets through their unregistered online platforms, and Binance.US. The defendants are alleged to have offered unauthorized crypto asset securities, imperiling investor wealth.

The charges extend to Binance and BAM Trading's operations, helmed by Zhao Changpeng, for providing securities market services—trading, brokering, and clearing—on their platforms without SEC authorization.

Moreover, the lawsuit alleges that Binance and BAM Trading partook in illegal, unregistered offers and sales of crypto asset securities, concealing crucial investment-related information.

Another accusation centers on BAM Trading and BAM Management's deceitful promises about the Binance.US Platform's controls, while allegedly accumulating about $200 million from private investors and billions in trading volume.

The lawsuit goes on to accuse Binance of an underground operation, alleging a multi-step strategy since 2018 to evade U.S. laws. The scheme involved the establishment of BAM entities in the U.S. under Zhao and Binance's control, disguised as independent operators of the Binance.US Platform.

Furthermore, the defendants are accused of circumventing U.S. regulatory oversight while providing securities-related services to U.S. clients. The defendants also reportedly failed to implement vital trading surveillance or manipulative trading controls, leading to 'wash trading' and self-dealing on the Binance.US Platform.

The lawsuit portrays Binance and BAM Trading as willful evaders of key disclosure requirements and other investor and market protections, thereby violating the Securities Act of 1933 and the Securities Exchange Act of 1934.

Yes, 1934 is when the laws they are applying to crypto trading in the US were authored.  Many point out 'that's decades before blockchain tech was invented' - I point out that color TV's were still 20 YEARS away.

Binance Vows to Stand Its Ground...

As this report was in preparation, both and Binance.US responded.

Binance.US's response emphasized that "the lawsuit is baseless, and we intend to defend ourselves vigorously." The full statement is available on their Twitter account. denounced the SEC's actions on their website, asserting the SEC has "zero justification" to suggest customer assets were at risk. They stated that instead of engaging in a productive dialogue about the platform's safety and security, the SEC preferred to "make headlines."

CEO and Founder of Binance 'CZ' also took to Twitter, sarcastically polling "Who protects you more?" between the SEC and Binance—with Binance has an 85% lead, but obviously this isn't an accurate polling method. He also retweeted the SEC Chairman's lawsuit announcement, provocatively asking "Wonder if he ever reads the comments under his post, from the consumers he is suppose to protect?" 

Author: Mark Pippen
London News Desk | Breaking Crypto News

MAJOR FALLOUT: Congressman Wants SEC Head Gary Gensler UNDER INVESTIGATION + Review of Actions Leading up to FTX Collapse...

Gary Gensler SEC

In a sign of how seriously this is being taken, the investigation into Biden's appointed head of the SEC comes from a member of his own party, Representative Ritchie Torres (D-NY) is requesting the Government Accountability Office (GAO) to conduct review of the SEC’s actions leading up to FTX’s collapse last month.

The letter largely focuses on SEC chair Gary Gensler for exclusively claiming regulatory powers over crypto exchanges, but failing to properly regulate them...

“If the SEC has the authority Mr. Gensler claims, why did he fail to uncover the largest crypto Ponzi scheme in US history?” Torres wrote. “One cannot have it both ways, asserting authority while avoiding accountability.”

Torres continues to drill into the Chairman "The operating principle of the SEC must be protection for the investing public, rather than publicity for the political appointee in charge" a reminder of Gensler's investigation into Kim Kardashian's tweet promoting a cryptocurrency, concerned that Gensler was preoccupied with inconsequential but high-profile acts while ignoring less glamorous but necessary responsibilities.

The letter goes as far as basically accusing Gensler of causing the SEC to fall apart under his leadership...

"Mr. Gensler's leadership has discouraged the SEC's professional personnel to an unprecedented degree, with the SEC Inspector General reporting the greatest turnover rate in a decade... to what extent has Mr. Gensler’s demoralization of his own personnel hamstrung the Commission in the fulfillment of its obligation to protect investors?” Torres asks in his request to the GAO.

One of those demoralized colleagues is SEC Commissioner Hester Peirce, who has remarked in interviews that Gensler's approach to regulation is "not a good way to regulate" and is not surprised to hear that many have "given up on us."

When it comes to crypto, Gensler has consistently avoided explaining the rules or sharing concerns - organizations only discover they violated regulations when enforcement actions are taken against them.

The SEC has the ability to issue a company an 'exceptive order' which basically results from the company's leaders being able to come in and address concerns with SEC officials. If the SEC believes they are operating outside of the rules unintentionally, this exceptive order serves as an agreement that allows the company to fix what is wrong within a limited timeframe, and the SEC agrees to hold off any enforcement actions against them during that timeframe. 

Zero exceptive orders have been issued since Gensler took over, which shows how badly he destroyed what should be a healthy relationship between regulators and the companies they regulate.

Legitimate businesses should never fear requesting the SEC review their plans or practices, to verify they are in compliance with all relevant regulations. Under Gensler, companies fear they'll leave the meeting with an enforcement action against them.

SEC agents who previously believed their role involved providing assistance and guidance, backed by the ability to enforce the rules, have quit in record numbers as their job changed to simply 'punishing people'.

Author: Oliver Redding
Seattle Newsdesk  / Breaking Crypto News

SEC Chair Shares His Outlook on Potential New Regulations...

SEC Chair Gary Gensler talks potential regulation over cryptocurrencies, a crypto-backed ETF and more. 

"When there's a group of entrepreneurs that are selling something to the public saying 'we've got this great idea' when you do that you have to have basic disclosures, full and fair disclosures." says Gensler.

While this currently presents another bump in the road, most analysts believe that once the government makes the rules clear, and removes the mystery around 'how will they regulate crypto' - there are billions waiting to flow in to the market.

Video Courtesy of CNBC