A dramatic shift in the approach to cryptocurrency enforcement by the United States securities regulator, the SEC, might be on the horizon, contingent upon the outcome of the crucial 2024 US election, according to statements by former SEC official John Reed Stark.
Stark, a former chief of the SEC Office of Internet Enforcement, took to Twitter on August 13 to postulate that the regulatory landscape for cryptocurrencies could undergo a substantial transformation if a Republican candidate were to secure the presidency. This hypothetical scenario, he asserted, could lead to significant changes, potentially including the appointment of Commissioner Hester Peirce, often dubbed “Crypto Mom,” as the new chairperson of the agency, replacing the current head, Gary Gensler.
The spectrum of potential Republican candidates is currently wide, with former President Donald Trump emerging as a frontrunner in terms of popularity among Republican voters. Trailing behind Trump are figures like Florida Governor Ron de Santis and South Carolina Senator Tim Scott. Stark suggested that in the event of a Republican victory, Commissioner Peirce might be positioned to ascend to the helm of the SEC. Peirce, known for her inclination towards crypto-friendly stances, has frequently voiced dissent and reservations about several crypto-related regulatory measures.
Stark speculated that such a transition could yield substantial consequences. He envisioned a scenario where the enforcement actions and disruptive maneuvers related to crypto by the SEC would experience a marked slowdown under Peirce’s leadership. Stark underscored the deepening divide between the SEC and the broader US political landscape when it comes to cryptocurrency regulation.
SEC’s cryptocurrency future hangs in the balance
He pointed out the evolution of viewpoints over the years. Back in 2017, the consensus spanned a variety of political figures, including President Donald Trump, Secretary Hillary Clinton, and Congresswoman Maxine Waters, who all expressed concerns about crypto’s potential risks. Fast forward to today, and the cryptocurrency matter has become increasingly polarized. Republican candidate Ron de Santis, for instance, expressed his intention to safeguard Bitcoin while also pledging to ban central bank digital currencies if elected as President.
On the opposing side, Democratic Senator Elizabeth Warren has undertaken a series of concerted efforts to tighten the screws on all forms of cryptocurrency within the country. She has even formed what she terms an “anti-crypto army” as part of her Senate re-election campaign.
Stark highlighted that until a Republican administration takes office, the SEC’s stance towards cryptocurrencies is unlikely to become more favorable. He predicted that the regulator will continue rejecting existing spot Bitcoin exchange-traded fund (ETF) applications, providing a range of compelling justifications.
Citing a comment letter from Better Markets submitted on August 8, Stark pointed out the concerns raised about spot Bitcoin markets, which have a history of potentially inflated trading volumes, considerable concentration in the hands of a few entities, and reliance on a select group to maintain the Bitcoin network. This situation, as per the letter, exposes investors to the risk of manipulation.
Despite notable entities from traditional finance such as BlackRock and Fidelity filing applications for spot Bitcoin ETF products, Stark opined that the SEC is likely to turn down all pending applications.
