Congress is set to grill SEC Chair Gary Gensler. Will it help crypto?

09/24/2024 18:19
Congress is set to grill SEC Chair Gary Gensler. Will it help crypto?

All five SEC Commissioners are set to testify in front of Congress this week to discuss the agency's role in regulating markets

The upcoming House Financial Services Committee hearing promises to be a critical moment for the crypto industry, as all five Commissioners at the Securities and Exchange Commission — led by Gary Gensler— prepare to testify before Congress together for the first time since 2019.

The focus will be on the SEC's regulatory approach, particularly in its oversight of digital assets, a topic that has become increasingly divisive within both the industry and the political sphere.

“Gary Gensler has been essentially like an extrajudicial cop,” said Rob Hadick, general partner at Dragonfly, during an interview. “He’s been outside of the way in which the SEC was meant to [incorporate] rulemaking.” According to Hadick, this approach has led to confusion, not just in crypto but across financial markets. “If you go talk to anybody in the private fund space or across Wall Street right now, this version of the SEC has been in disarray under Gary Gensler.”

The hearing, taking place in front of the House Financial Services Committee, will showcase a rare dynamic, with Gensler flanked by more pro-crypto commissioners like Hester Peirce, known as “Crypto Mom.” It is expected to offer a rare opportunity for the public to see the internal divide within the SEC on how best to regulate the rapidly evolving crypto market. “The SEC is not a monolith,” said Hadick. “I think it’s going to be interesting to see that dynamic play out in the open, like a family reunion where you see all the dysfunctionality.”

Hadick is particularly hopeful that the hearing will address the SEC’s “regulation through enforcement” strategy, which has been a source of frustration for crypto advocates. “The courts have continued to say that the SEC is overstepping, and they’ve continued to lose because of that,” he added. “I’m looking to see an acknowledgment of that and a goal of trying to rein them in.”

The stakes for crypto couldn’t be higher. While the SEC has been aggressive in its regulatory actions, Congress has slowly become more educated on the complexities of digital assets. “What we started to see is more and more House Reps, more and more people within Congress, be willing to listen, be willing to learn,” said Hadick. He pointed to figures like Senator Cynthia Lummis as champions of the crypto industry who have been working across the aisle to foster a better understanding of the space.

With an election year looming, the hearing is also expected to be politically charged. Lawmakers will likely seize the moment to voice their positions, especially in light of increasing debates around crypto’s role in financial inclusion and innovation. “This isn’t just about crypto anymore,” Hadick noted. “The industry just wants more clarity, and they want to engage on the legislative side.”

While Hadick remains “cautiously optimistic” about the hearing’s potential to address these issues, he emphasized the importance of clear regulation to foster innovation rather than stifle it. “At the end of the day, the industry wants to address concerns, not ignore them. Hopefully, we continue to see more people want to learn and understand what is happening in the space.”

As all eyes turn to the House Financial Services Committee, the hearing represents not just a showdown for Gensler’s SEC, but a pivotal moment for the future of crypto regulation in the U.S. Will Congress rein in the agency’s enforcement-heavy approach? Or will it double down on the narrative of skepticism that has clouded the space post-FTX? Either way, this is a moment that could shape the next chapter for crypto in America.

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