SEC and Gensler believed Ether was security for at least a year

As a seasoned crypto investor with a keen interest in the regulatory landscape, I find the recent developments regarding Consensys’ lawsuit against the SEC and the subsequent revelations about the SEC’s stance on Ether (ETH) to be of great significance.


The ongoing legal battle between ConsenSys and the SEC has brought new light to the SEC’s position regarding Ether (ETH).

As a crypto investor, I’ve come to understand that, based on reports from reliable sources like Fox Business, the Securities and Exchange Commission (SEC) and its chairman Gary Gensler have held the stance that Ether may have been considered a security at certain points in time.

As a researcher examining the developments in the Ethereum space, I’ve come across an interesting revelation. According to court documents submitted by Consensys on April 29, it seems that the Securities and Exchange Commission (SEC) and its chairman, Gary Gensler, have held the belief for over a year that Ether could be classified as an “unregistered security” that was being traded in violation of existing federal regulations.

SEC and Gensler believed Ether was security for at least a year

A few days ago, Consensys submitted an unredacted complaint against the Securities and Exchange Commission (SEC) in a Texas federal court, following a Wells notice they received from the regulatory body. The notice signaled the SEC’s intent to sue Consensys for alleged violations of federal securities laws.

Based on the latest submission, on March 28, 2023, the Securities and Exchange Commission (SEC) Division of Enforcement head, Gurbir Grewal, gave the green light for an official inquiry into the classification of Ether as a security.

According to reports, the Ethereum 2.0 investigation granted law enforcement the power to probe and issue subpoenas to those involved in the exchange of the cryptocurrency.

According to unnamed insiders familiar with the situation, the SEC reportedly asked subpoenaed individuals to maintain secrecy about the ongoing investigation in order to receive more information.

According to reports, the SEC’s investigation into Ethereum 2.0 hinges on their suspicion that unregistered sales of Ether took place as early as 2018.

As a crypto investor, I’ve been following the regulatory developments surrounding Ether closely. The current SEC chairman, Gary Gensler, has recently indicated that he may reconsider the classification of Ether as a non-security, contrary to the previous stance under Chairman Jay Clayton in June 2018. At that time, Bill Hinman, then-Director of Corporation Finance, stated in a speech that both Bitcoin and Ether were not considered securities by the SEC. If Gensler’s view ultimately prevails, it would represent a shift from the previous guidance, potentially impacting the crypto market significantly.

As a researcher examining the regulatory landscape for cryptocurrencies, I’ve come across an intriguing situation. Previously, the Securities and Exchange Commission (SEC), under the leadership of Chairman Jay Clayton, clarified their stance on Ether and Bitcoin in June 2018. In a speech, then-Director of Corporation Finance Bill Hinman expressed that Ether, similar to Bitcoin, was not classified as a security. However, if the SEC were to find otherwise and deem Ether as a security, it would represent a shift from this earlier guidance.

The latest disclosures reveal that the Commission, comprised of five members, gave their approval for the Division of Enforcement’s investigation into “Ethereum 2.0” on April 13, 2023. This decision was made only five days prior to Gensler’s appearance before the House Financial Services Committee, during which he declined to answer multiple inquiries about the SEC’s stance on whether Ether should be classified as a security.

A few days ago, applicants and firms anticipating the launch of an Ether exchange-traded fund (ETF) in the United States hinted that the Securities and Exchange Commission (SEC) might postpone its decision on approval until after May.

According to Eric Balchunas, an ETF analyst at Bloomberg, the views of Securities and Exchange Commission (SEC) chairman Gary Gensler regarding Ether may influence future decisions. Gensler previously declined to provide clarification on whether Ether should be classified as a security in 2021.

According to Eric Balchunas, an ETF analyst at Bloomberg, the views of Securities and Exchange Commission (SEC) chairman Gary Gensler on Ethereum could significantly influence decision-making processes since Gensler has previously declined to provide clarity regarding the status of Ethereum as a security in the past.

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2024-04-29 17:26