Gary Gensler hasn't changed his tone on crypto, even with SEC approval of spot bitcoin ETFs

01/11/2024 05:07
Gary Gensler hasn't changed his tone on crypto, even with SEC approval of spot bitcoin ETFs

SEC Chair Gary Gensler said the agency is not endorsing bitcoin with the approval of spot ETFs, but he said circumstances have changed.

Policy • January 10, 2024, 5:01PM EST

Published 1 minute earlier on

Quick Take

  • Approval of spot bitcoin ETFs doesn’t mean SEC Chair Gary Gensler has changed his tune on crypto, according to a statement released on Wednesday. 

Securities and Exchange Commission Chair Gary Gensler said Wednesday that the agency he leads was not endorsing bitcoin as it approved spot ETFs that hold the cryptocurrency, but he said changing circumstances had pushed the SEC to finally give the greenlight.

Following a decision made by three judges in a D.C. court over the summer which ruled that the SEC had to re-review a bid from Grayscale Investments for a spot bitcoin ETF, Gensler said it was time to move forward.

"Based on these circumstances and those discussed more fully in the approval order, I feel the most sustainable path forward is to approve the listing and trading of these spot bitcoin ETP shares," Gensler said in a statement

That doesn't mean Gensler is changing his mind about crypto. The decision to approve spot bitcoin ETFs "should in no way signal the Commission’s willingness to approve listing standards for crypto asset securities."

"Nor does the approval signal anything about the Commission's views as to the status of other crypto assets under the federal securities laws or about the current state of non-compliance of certain crypto asset market participants with the federal securities laws," Gensler added. "As I’ve said in the past, and without prejudging any one crypto asset, the vast majority of crypto assets are investment contracts and thus subject to the federal securities laws." 

'Investors should remain cautious'

Gensler also noted that the approval does not mean the SEC is endorsing bitcoin. 

"While we approved the listing and trading of certain spot bitcoin ETP shares today, we did not approve or endorse bitcoin," he said. "Investors should remain cautious about the myriad risks associated with bitcoin and products whose value is tied to crypto."

Spot bitcoin ETFs will offer certain protections, Gensler said, including requiring sponsors to provide full and fair disclosures, and will be on regulated exchanges that have rules designed to prevent fraud and manipulation. 


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About Author

Sarah is a reporter at The Block covering policy, regulation and legal happenings. Before, Sarah was a reporter with CQ Legal writing about securities regulation, which is where she first started reporting on crypto. Sarah has also written for The Bond Buyer and American Banker, among other finance-related publications. She graduated from the University of Missouri and earned a degree in print and digital journalism. Sarah is based in Washington D.C., and is an avid coffee lover. You can follow her on Twitter @ForTheWynn.

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