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Gensler Under Fire: 18 US States Challenge SEC's Crypto Crackdown

Key Takeaways

  • 18 US states accuse the SEC and its chair of exceeding federal authority, harming state-level control over crypto regulation;
  • Crypto firms have collectively spent over $426 million since 2021 battling the SEC's legal actions;
  • Leadership changes at the SEC may be imminent, with Dan Gallagher among potential replacements for Gary Gensler.
Gensler Under Fire: 18 US States Challenge SEC's Crypto Crackdown

A coalition of 18 US states has launched a legal battle against the Securities and Exchange Commission (SEC) and its chair, Gary Gensler.

The lawsuit accuses the federal regulator of exceeding its authority in a manner that adversely affects the cryptocurrency sector.

The states involved in the lawsuit include Nebraska, Tennessee, Kentucky, Texas, Mississippi, and Ohio, among others. They argue that the SEC has disregarded the division of power established by Congress.

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Their legal filing states:

The Securities and Exchange Commission (SEC) has not respected this allocation of authority. Instead, without Congressional authorization, the SEC has sought to unilaterally wrest regulatory authority away from the States through an ongoing series of enforcement actions targeting the digital asset industry.

Data from the Blockchain Association reveals that since 2021, crypto companies have spent approximately $426 million on legal battles with the SEC. Industry insiders frequently criticize the agency’s inconsistent regulatory framework, labeling it a significant obstacle for innovators and developers attempting to operate within the United States.

With Donald Trump’s return to the presidency in January 2025, investors and crypto industry leaders anticipate a major shake-up within the agency. Discussions about Gensler's replacement have already gained traction, with Dan Gallagher, Robinhood’s legal and compliance chief, emerging as a potential candidate.

Despite mounting pressure and the possibility of being ousted, Gensler has not softened his stance on cryptocurrency. In a speech delivered at the Practicing Law Institute’s Annual Institute on Securities Regulation on November 14, he reiterated his firm opposition to the digital asset industry.

In other news, Donald Trump has appointed Bitcoin advocate Matt Gaetz as the new US Attorney General. What impact could Gaetz bring to crypto regulation? Read the full story.

Aaron S. , Editor-In-Chief
Having completed a Master’s degree in Economics, Politics, and Cultures of the East Asia region, Aaron has written scientific papers analyzing the differences between Western and Collective forms of capitalism in the post-World War II era.
With close to a decade of experience in the FinTech industry, Aaron understands all of the biggest issues and struggles that crypto enthusiasts face. He’s a passionate analyst who is concerned with data-driven and fact-based content, as well as that which speaks to both Web3 natives and industry newcomers.
Aaron is the go-to person for everything and anything related to digital currencies. With a huge passion for blockchain & Web3 education, Aaron strives to transform the space as we know it, and make it more approachable to complete beginners.
Aaron has been quoted by multiple established outlets, and is a published author himself. Even during his free time, he enjoys researching the market trends, and looking for the next supernova.

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