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SEC Chair Gensler Warned of Legal Consequences and Potential Subpoena

SEC Chair Gensler Warned of Legal Consequences and Potential Subpoena

SEC Chairman Faces Tough Questions from Congress

During a hearing of the House Financial Services Committee, Securities and Exchange Commission (SEC) Chairman Gary Gensler faced intense scrutiny from both sides of the house. Republican Patrick McHenry threatened to subpoena Gensler for a lack of transparency in the SEC’s dealings with FTX and its former CEO, Sam Bankman-Fried.

House Financial Services Committee Hearing

Gensler appeared in person at the hearing after submitting written testimony to Congress. The committee members grilled him on various topics related to cryptocurrencies and the SEC’s actions.

Democratic Congresswoman Maxine Waters, a known critic of crypto, initially praised Gensler but then focused her questions on publicly available information.

Criticism for Lack of Responsiveness

Chairman McHenry accused Gensler of being unresponsive in the SEC’s communication with Congress regarding Sam Bankman-Fried and the bankrupt FTX exchange. McHenry asserted that Gensler was not above the law and warned that a subpoena could be issued if more transparency was not provided.

McHenry also questioned Gensler about whether he considered Bitcoin to be a security or a commodity. Although Gensler acknowledged that Bitcoin did not meet the criteria for being a security according to the Howey test, he did not categorize it as a commodity either.

Pokemon Card and Tokenization

Congressman Richie Torres asked Gensler if purchasing a Pokemon card could be considered a security transaction. Gensler responded that it was not. Torres then inquired about tokenized Pokemon cards on digital exchanges, asking if those would be treated as securities. Gensler indicated that he would need more information to make a determination.

Regulation and Industry Protection

Congressman Tom Emmer criticized Gensler for his approach to regulation and quoted Gensler’s previous statement about concerns from bank executives regarding depositors moving their funds into crypto-related exchanges. Emmer questioned whether Gensler’s regulatory actions were driven by a desire to protect industry incumbents rather than benefiting all Americans.

Emmer also referenced a case where a judge highlighted the benefits of decentralized finance (DeFi) and accused the SEC of using harassment as a regulatory tactic.

Hot Take: Tough Congressional Hearing for SEC Chairman Gary Gensler

During a House Financial Services Committee hearing, SEC Chairman Gary Gensler faced criticism and tough questioning from members of Congress. Republican Patrick McHenry threatened to subpoena Gensler for lack of transparency in the SEC’s dealings with FTX and its former CEO. Other congressmen and women raised concerns about Gensler’s responsiveness and questioned his views on Bitcoin, tokenization, and the impact of his regulatory actions on innovation in the digital space. The hearing underscored the ongoing debates surrounding cryptocurrency regulation and the role of the SEC in shaping the industry.

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SEC Chair Gensler Warned of Legal Consequences and Potential Subpoena