Gensler says securities law is time-tested, crypto just needs to fall in line
ensure that a number of your readers, maybe even your owners, come into compliance with the securities laws,” in an interview.
“If the public is anticipating profits based upon the efforts of others in a common enterprise, those are the indicia of a security,” Gensler said when asked by The Block why he declined to directly weigh in on whether the second-largest cryptocurrency by market capitalization is a security or a commodity.
The Republican chair of the House Financial Services Committee, Patrick McHenry, earlier pressed the SEC chair to provide more clarity on the topic, a seeming friction point between Gensler and fellow markets regulator Rostin Behnam, the chair of the Commodity Futures Trading Commission. In a, New York Attorney General Letitia James asserted that ether is an unregistered security, possibly opening Ethereum co-creator Vitalik Buterin and other early developers up to legal liability.
Asked by The Block whether more direct guidance on ether might make sense given conflicting views from policymakers on the cryptocurrency, including, Gensler responded that “this is a field that has clarity and mistakenly attempts to ignore it.”
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