Crypto.com – SEC showdown: ‘Warranted response to unlawful overreach’

  • Crypto.com sued the SEC following a Wells Notice amid regulatory scrutiny.
  • CEO Kris Marszalek criticized the SEC’s “regulation by enforcement” approach impacting crypto holders.

As a seasoned researcher with years of experience in following the ever-evolving landscape of the cryptocurrency industry, I find myself constantly astounded by the ongoing tussle between regulatory bodies and blockchain platforms. The latest development involving Crypto.com’s lawsuit against the U.S. Securities and Exchange Commission (SEC) is yet another intriguing chapter in this saga.


Recently, I’ve been navigating challenging circumstances as the analyst here, given the intensified focus of the U.S. Securities and Exchange Commission (SEC) on several cryptocurrency trading platforms, including my own – Crypto.com. This scrutiny has led to a legal confrontation between us and the regulatory body.

On October 8th, it was revealed that they had started a legal action against the Securities and Exchange Commission (SEC) after receiving a Wells Notice, which essentially warns about possible upcoming charges.

On August 22nd, a statement was issued indicating that the Securities and Exchange Commission (SEC) may choose to take enforcing actions against Crypto.com, signifying another instance of regulatory hurdles encountered by the cryptocurrency sector in its ongoing narrative.

Crypto.com — SEC lawsuit

Speaking about the matter, Kris Marszalek, the co-founder and CEO of Crypto.com, announced on his social media platform (previously known as Twitter) that the company has taken legal action against the U.S. Securities and Exchange Commission (SEC).

Our company’s unique move challenging a government agency is a justified reaction to the Securities and Exchange Commission’s ‘regulation through enforcement’ policy, which has negatively impacted over 50 million American cryptocurrency users.

When discussing their decision, Crypto.com’s statement provided a detailed explanation for the reasoning behind the lawsuit they initiated.

In order to safeguard the American cryptocurrency sector’s long-term prospects, we are aligning ourselves with other industry leaders who are proactively challenging an overreaching federal agency that is allegedly exceeding its legal jurisdiction.

SEC’s overreach

Without a doubt, starting from 2021, Chair Gary Gensler’s leadership at the SEC has seen an escalation in scrutiny towards prominent cryptocurrency companies and brands, such as Coinbase, Ripple [XRP], and Uniswap.

This trend is still ongoing as evidenced by a recent conflict involving Consensys, where Laura Brookover, Senior Counsel and Head of Litigation and Investigations, addressed the ongoing scrutiny and said, 

It’s high time these crucial matters for our industry were brought into the open, as they are long overdue.

Crypto.com made a similar move and expressed apprehensions about the Securities and Exchange Commission’s (SEC) regulatory stance, arguing that the commission has created an illegal rule which deems that almost all cryptocurrency trades are considered as securities transactions, regardless of their sales methods.

Echoing similar sentiments was Marszalek, he noted, 

“The SEC’s unauthorized overreach and unlawful rulemaking regarding crypto must stop.” 

Is Gensler’s leadership at risk?

The current scenario has sparked considerable debate over the leadership of Gensler at the SEC, as Representative Tom Emmer and House Financial Services Committee Chair Patrick McHenry voiced their apprehensions in a letter penned on the 17th of September.

During discussions, Gensler advocated for the SEC’s strategy of “enforcement-based regulation” as many in the crypto sector fail to comply with existing securities regulations. However, this stance faced internal opposition within the SEC itself.

Indeed, the persisting challenges within the crypto sphere serve as a reminder of its intricate nature and emphasize the urgent call for more transparent regulations. As a researcher delving into this dynamic field, I find myself advocating for comprehensive guidelines to navigate the rapid evolution of digital currencies effectively.

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2024-10-10 02:16