According to CoinDesk, SEC Chair Gary Gensler delivered a critical speech on the cryptocurrency industry at NYU School of Law in Manhattan on Wednesday. Gensler, known for his cautious approach, provided expansive comments on the state of the crypto sector, expressing skepticism about the use of cryptocurrencies like bitcoin and ether for payments. He referenced historical economic practices, suggesting that economies function better with a single nation-issued currency.
Gensler's remarks included strong criticisms of the crypto industry, labeling it as rife with fraud and scams. He controversially claimed that many of the industry's leading figures are either incarcerated or facing extradition, a statement that does not align with the current status of many prominent industry leaders. Despite acknowledging the presence of fraudsters, Gensler's broad generalization was met with disagreement from the crypto community.
On regulatory matters, Gensler reiterated the application of the Howey Test, a legal standard from 1940, to determine whether tokens are securities. He emphasized the importance of identifying a central enterprise in token issuances, suggesting that most tokens would likely meet the criteria of an investment contract. However, his comments offered little clarity or hope for regulatory adaptation to new technological and market conditions.
Gensler's tenure as SEC Chair has been marked by a stringent stance on crypto regulation, drawing criticism from industry participants. SEC Commissioner Mark Uyeda described Gensler's leadership as detrimental to the crypto sector. As Gensler's term progresses, his recent expansive remarks may indicate an awareness of his potential departure from office.