John Reed Stark, a former official of the Securities and Exchange Commission (SEC), voiced his perplexity over the seeming inaction of the U.S. Department of Justice (DOJ) in cryptocurrency-related cases. With his extensive experience spanning nearly two decades in the SEC Division of Enforcement, Stark finds the scarcity of DOJ cases associated with Bitcoin notably unusual.
Stark’s concerns revolve around the apparent disparity in the enforcement actions undertaken by the SEC and the infrequent criminal investigations and prosecutions by the DOJ in cryptocurrency. He highlighted this by pointing out the decision of the DOJ and the SEC not to name the parents of an entity known as SBF as defendants. He believes this underscores the contrast between the frequent enforcement actions of the SEC and the DOJ’s comparatively rare criminal investigations in this space.
Tyler Winklevoss, the leader of Gemini, has labeled the charges as “super lame” and akin to “manufactured parking tickets.” Stark notes that major cryptocurrency exchanges like Coinbase and Binance view fees as “badges of honor.” Stark elucidates that the SEC’s authority is inherently limited due to its role as a civil enforcement agency. Consequently, entities might perceive the SEC’s regulatory interventions as inconvenient if the DOJ does not threaten prosecution.
Moreover, reports suggest that the DOJ is contemplating levying fraud charges against Binance, the world’s largest cryptocurrency exchange. Such a federal indictment could potentially trigger market fluctuations and damage consumers. Hence, prosecutors are exploring alternative resolutions like penalties or non-prosecution agreements to circumvent these adverse effects.
Additionally, the DOJ is restructuring its National Cryptocurrency Enforcement Team (NCET) to oversee the increasing volume of investigations related to cryptocurrency more effectively. In this restructuring, a specialized unit, NCET, will be incorporated into the department’s criminal division to scrutinize and prosecute computer-related cases.
