SEC’s Gary Gensler takes another swipe at crypto in educational video

Regulation

Another swipe has been taken at the crypto industry by the chair of the United States securities regulator, who claimed many crypto platforms are operating in violation of securities laws.

In an April 27 tweet, Securities and Exchange Commission (SEC) chair Gary Gensler shared a 4-minute video of himself describing crypto assets as “investment contracts” before calling on platforms that offer such products to register with the SEC to protect American investors.

“An Investment contract exists when you invest money in a common enterprise with a reasonable expectation of profits, to be derived from the efforts of others,” he said.

“Crypto markets suffer from a lack of regulatory compliance. It’s not a lack of regulatory clarity. […] The law is clear, if you’re a securities exchange, clearinghouse, broker or dealer, you must come into compliance, register with us,” Gensler added.

The SEC has been at the forefront of the U.S. crypto crackdown, with Gensler continually asserting that essentially all crypto assets — apart from Bitcoin (BTC) — fall under the classification of securities.

It’s Gensler’s view that many crypto firms and platforms violate securities laws if they are not registered with the SEC.

In the comments of Gensler’s latest video many were quick to point out that prior to taking the helm at the SEC, Gensler had a completely contradictory view of the crypto market.

Over the past week, a viral video has been circulating across Crypto Twitter where Gensler can be seen lumping crypto in the same category as cash and commodities and describing digital assets as “non-securities.”

Related: Coinbase execs respond to SEC’s Wells notice in person and on video

The SEC chair’s comments come from a “Blockchain and Money” lecture in 2018 when Gensler was employed as a professor at the Massachusetts Institute of Technology (MIT).

“Three-quarters of the market is non-securities, it’s just a commodity, cash, crypto,” Gensler said at the time.

Earlier this month, Gensler was grilled by members of Congress during an April 18 hearing which saw much criticism over his leadership and the SEC’s approach to crypto regulation, which seemingly appears to be regulation by enforcement.

During the hearing, Gensler refused to confirm on record whether he thought Ether (ETH) was a security or not.

Magazine: Crypto regulation — Does SEC Chair Gary Gensler have the final say?

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