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Home Regulation

Legal Battle Ensues as Crypto Groups Sue SEC Over “Dealer” Definition in Securities Law

by Abimbola Adu
Apr 23, 2024 - 7:30 pm
in Regulation
A pile Dealer of legal documents with digital currency symbols, representing the lawsuit against the SEC by crypto industry groups.

Overview of the Lawsuit

The Blockchain Association and the Crypto Freedom Alliance of Texas (CFAT) have initiated a lawsuit against the SEC at the Northern District of Texas court. This legal challenge is in response to the SEC’s recent adjustments to the “Dealer Rule” within the Securities Exchange Act of 1934, which they argue could stifle U.S. digital asset innovation.

SEC’s New Interpretation of “Dealer”

In February, the SEC implemented new regulations that broadened the definition of “dealer” and “government securities dealer”. This change means that many more crypto market participants will now need to register and comply with federal securities laws, joining a self-regulatory organization.

Impact on the Crypto Industry

According to the industry groups, this regulatory expansion is vague and burdensome, potentially leading to a stifling environment for digital asset enterprises. They argue that the SEC has overstepped its boundaries and failed to consider significant public concerns or the negative impacts these new rules could introduce.

Statements from Industry Leaders

Kristin Smith, CEO of the Blockchain Association, has openly criticized the SEC’s actions, describing them as an “anti-digital asset crusade.” She contends that the new rule illegally expands the SEC’s authority and could ultimately drive American crypto companies to relocate internationally.

Goals of the Litigation

The lawsuit seeks to overturn the SEC’s rule expansion through a court order, claiming it violates the Administrative Procedure Act which mandates transparent and fair rulemaking processes. The aim is to prevent the SEC from further deploying this rule against the crypto industry, thus avoiding additional damage.

SEC’s Ongoing Crypto Scrutiny

This legal action comes in a context where the SEC has been actively filing cases against various crypto entities. SEC Chair Gary Gensler insists that most cryptocurrencies qualify as securities, further complicating the regulatory landscape for these digital assets.

Advocacy for Clear Regulations

Many in the crypto sector have urged the SEC to define clear regulations that would foster innovation while maintaining compliance within the U.S. This lawsuit is part of broader efforts to secure a regulatory framework that supports local development and innovation in the burgeoning digital asset field.

Tags: BlockchainCryptoRegulationSEC
Abimbola Adu

Abimbola Adu

Abimbola Adu is a crypto content writer with a background in English studies. She is keen on enlightening others about cryptocurrency and blockchains. She enjoys writing poems and spending time with family.

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