Gary Gensler’s Regulatory Failures Exposed: What the Crypto Hearing Revealed

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SEC is in a bigger regulatory Scoop! The highly anticipated SEC crypto hearing is set for September 18, as former officials prepare to testify against the agency’s handling of digital assets.

The hearing, titled “Dazed and Confused: Breaking Down the SEC’s Politicized Approach to Digital Assets,” will examine the SEC’s enforcement-heavy tactics and perceived overreach in regulating the crypto industry. 

Fox Business reporter Eleanor Terrett broke the news, highlighting that the full five-member SEC commission will testify together for the first time since 2019. The following day, SEC Chair Gary Gensler will testify solo before the Senate, adding more pressure on his leadership.

What lies ahead?

Former SEC Officials Take the Stand

Ex-SEC officials Dan Gallagher and Michael Liftik are among the key witnesses in the hearing. Gallagher, currently Chief Legal Officer at Robinhood Markets, served as an SEC Commissioner from 2011 to 2015.

Liftik, now a partner at Quinn Emanuel, was Deputy Chief of Staff to former SEC Chair Mary Jo White. Their insider perspectives are expected to shed light on the SEC’s internal decision-making and regulatory missteps under Gensler’s leadership.

Other witnesses include Teddy Fusaro, President of Bitwise, and Jennifer Schulp, Director at the Cato Institute, as well as Lee Reiners, a lecturing fellow from Duke University. Together, they will address the broader implications of the SEC’s current regulatory approach, particularly its focus on enforcement rather than clear guidance.

Gensler Faces Scrutiny on Multiple Fronts

Moreover, Gensler’s leadership has been under fire for his aggressive stance on crypto regulation. The SEC’s numerous enforcement actions against crypto companies, combined with a lack of clarity on regulatory guidelines, have drawn widespread criticism.

As MetaLawMan humorously noted on X, many are anticipating that Representative Patrick McHenry will again press Gensler on whether Ethereum is a security or a commodity. Meanwhile, there’s speculation that SEC Commissioner Hester Peirce, known as “Crypto Mom,” could be positioning herself for a larger role within the agency.

Adding to Gensler’s troubles is a separate probe initiated by House Republicans into the SEC’s hiring practices. Allegations of political bias in recruitment have raised questions about the impartiality of the agency, putting Gensler under even more scrutiny.

What’s Next for Crypto Regulation?

The hearing is expected to be a major turning point for crypto regulation in the U.S. With growing dissatisfaction over the SEC’s tactics, the testimonies could prompt significant changes. As the crypto industry awaits clear guidance, the upcoming testimonies could reshape the future of digital assets.