Former SEC attorney Marc Fagel has shed light on how a shift to pro-crypto leadership at the SEC might influence current crypto lawsuits, including the high-profile Ripple case. While a change in administration may not impact ongoing cases, it could lead to significant changes in future crypto regulations. With speculation about a possible Trump victory, many in the crypto community are hoping for the end of Gary Gensler’s leadership.
Here’s what you should know.
There are concerns about whether a new SEC chair might affect ongoing crypto cases.
Jungle Inc., a well-known crypto expert and influencer, asked Marc Fagel about the SEC’s enforcement actions under different political administrations. Fagel noted that during Chairman Clayton’s tenure, the SEC rarely focused on crypto except for clear violations like ICOs. Under Chairman Gensler, however, enforcement has increased due to major fraud cases involving entities like FTX and Celsius. Jungle Inc. wonders if a pro-crypto administration might change this approach or if the SEC will continue its current enforcement until new laws are passed by Congress.
Fagel assured that a new SEC leadership is unlikely to change the progress of ongoing cases like Ripple. Typically, new leadership does not interfere with current enforcement actions. However, he noted that future policies might influence the settlement or appeals of such cases. If a pro-crypto administration takes over, the Ripple case might be settled more smoothly, and the SEC might avoid appeals if the ruling favors Ripple.
Fagel pointed out that enforcement actions are usually apolitical, meaning they target violations regardless of the political climate. However, a new leadership could lead to a more lenient approach to crypto regulation. If a crypto-friendly administration comes into power, it might shift focus to more relaxed policies, which could affect how lawsuits involving major firms like Binance, Coinbase, and Consensys are handled. Nonetheless, any proven misconduct would still prompt regulatory action.
A Lenient Approach – Good or Bad?
Even if a new administration adopts a less aggressive stance, Fagel warned that this could backfire if another major scandal occurs. Such incidents might force the SEC to increase enforcement actions again. Fagel emphasized that significant fraud cases have driven the current enforcement climate, suggesting that any leniency might be short-lived if similar problems arise.
While new SEC leadership might influence future crypto regulations, core enforcement efforts will stay focused on legal violations and market misconduct. The Ripple vs. SEC case and other major crypto lawsuits will continue under the SEC’s oversight, regardless of political changes.
The crypto industry is at a crossroads. Will a new SEC chair be a friend or foe? Join the conversation.
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