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Topic: Is Uncle Gary leaving the SEC? (Read 203 times)

legendary
Activity: 1736
Merit: 4270
May 04, 2024, 03:23:27 AM
#23
@zasad@. The tokens were not sold privately to investors with a promise to earn something with those tokens. Also this is where the confusion begins on using the Howey test on tokens because it can also bw considered that the tokens are the oranges and they are not the orange farm. Uncle Gary was arguing that the action of issuance on these tokens make them a security. But the judge made a ruling against this argument.

On the tokens that are being traded on exchanges and on platforms similar to Uniswap, these are not securities because there is no contract for these tokens to earn something if investors hold them. They are very much similar to memecoins.
We are not talking now about tokens that are traded on centralized and decentralized exchanges.
We probably didn't pay attention to my reference to SAFT and SAFE(US).
When a company sells a token to everyone indiscriminately, as was the case in 2016-2018 at the ICO and actively advertises its product, it is more like selling securities. SEC regulation has just begun, and many more projects will be punished for this.
legendary
Activity: 2926
Merit: 1440
May 04, 2024, 12:51:50 AM
#22
@zasad@. The tokens were not sold privately to investors with a promise to earn something with those tokens. Also this is where the confusion begins on using the Howey test on tokens because it can also bw considered that the tokens are the oranges and they are not the orange farm. Uncle Gary was arguing that the action of issuance on these tokens make them a security. But the judge made a ruling against this argument.

On the tokens that are being traded on exchanges and on platforms similar to Uniswap, these are not securities because there is no contract for these tokens to earn something if investors hold them. They are very much similar to memecoins.
legendary
Activity: 1736
Merit: 4270
May 03, 2024, 07:07:59 AM
#21
@zasad@. The victory in the case on Ripple is the judges ruling that have declared that the tokens by themselves are not securities. This might open a new roadmap for development teams on how to issue tokens without making it a security. I speculate that proof of work will become useful again in this new distribution method where projects will use proof of work for distribution then make the transformation to proof of stake. It might be similar to Ethereum without the premine.
Then let's come to some agreement on this issue.
I think that even before the court’s decision it was clear that if a token was not sold to investors, then it cannot be a security.
This is what the famous Howey test says.

The fact "that tokens themselves are not securities" helps US-based crypto exchanges avoid accusations of securities trading.

Ripple still has a bunch of other legal charges, and most likely they will pay a fine. Ripple was also engaged in active marketing and market manipulation (like other projects).
https://bitcointalksearch.org/topic/sec-vs-ripple-continuation-of-the-story-5487767

A way to avoid problems with SEC
https://bitcointalksearch.org/topic/saft-and-safeus-5480233
Is this a secret? This has been known to everyone for a long time, but with such requirements it was impossible to work on the crypto market.
legendary
Activity: 2926
Merit: 1440
May 02, 2024, 10:20:24 PM
#20
@zasad@. The victory in the case on Ripple is the judges ruling that have declared that the tokens by themselves are not securities. This might open a new roadmap for development teams on how to issue tokens without making it a security. I speculate that proof of work will become useful again in this new distribution method where projects will use proof of work for distribution then make the transformation to proof of stake. It might be similar to Ethereum without the premine.
legendary
Activity: 1736
Merit: 4270
May 01, 2024, 07:07:27 AM
#19
bbc.reporter,
CFTC declares Ether as a commodity again in court filing
https://cointelegraph.com/news/cftc-declares-ether-as-a-commodity-again-in-court-filing

U.S. Court Calls ETH a Commodity While Tossing Investor Suit Against Uniswap
https://www.coindesk.com/policy/2023/08/31/us-court-calls-eth-a-commodity-while-tossing-investor-suit-against-uniswap/

https://blockworks.co/news/cftc-alleges-eth-as-commodity-kucoin-lawsuit
CFTC calls ETH a commodity in KuCoin complaint

Uncle Gary is doing a great job, but he will fail with Ethereum and soon there will be spot Ethereum ETFs in the US. Many companies were waiting for regulations, and now the SEC has many ways to fill the state budget.



Hehehhe he is only doing a great job before the case, however, when these cases begin, it will depend on the judge's statement and ruling if uncle Gary is really doing a great job. Uncle Gary was a loser to Ripple already. This is a very important precedent for the next cases.


I do not agree that the SEC completely lost against Ripple in court. Ripple will pay big fines and the case is not closed yet.
If the result of Uncle Gary's work is measured in the fines that companies pay to the US budget, then Uncle Gary works very well. If we evaluate judicial practice, then money and the best lawyers in the world win here.
legendary
Activity: 1680
Merit: 1853
#SWGT CERTIK Audited
May 01, 2024, 12:34:24 AM
#18
He is at best trolling us, Lol, yeah probably this is just a sign that him or the SEC will be on the offensive against with the "And we’re not done".

So let's see who will be the next project that they will be going after, anyone will be under the radar from them. And if a certain project started to take off, and then a lot of hype and endorsers be it hollywood stars and sports personalities, for sure they will be the one on the list to scrutinized and find something that will make them go after that project for whatever reasons they deem against their rules.
This is not unlikely. A few days ago, I read news about an attempt to negotiate with the SBF to drop some charges against him in order to expose the involvement of some celebrities who promoted the FTX exchange, including Shaquille O’Neal, Stephen Curry, Naomi Osaka, and Tom Brady.....
https://futurism.com/the-byte/sbf-ftx-celebrity-endorsers

So yes, the turn will come for everyone, whether centralized or decentralized exchanges, all centralized and decentralized third-party services, and even celebrities. Perhaps this is what Gary means by "And we’re not done".
legendary
Activity: 2926
Merit: 1440
April 29, 2024, 11:05:30 PM
#17
bbc.reporter,
CFTC declares Ether as a commodity again in court filing
https://cointelegraph.com/news/cftc-declares-ether-as-a-commodity-again-in-court-filing

U.S. Court Calls ETH a Commodity While Tossing Investor Suit Against Uniswap
https://www.coindesk.com/policy/2023/08/31/us-court-calls-eth-a-commodity-while-tossing-investor-suit-against-uniswap/

https://blockworks.co/news/cftc-alleges-eth-as-commodity-kucoin-lawsuit
CFTC calls ETH a commodity in KuCoin complaint

Uncle Gary is doing a great job, but he will fail with Ethereum and soon there will be spot Ethereum ETFs in the US. Many companies were waiting for regulations, and now the SEC has many ways to fill the state budget.



Hehehhe he is only doing a great job before the case, however, when these cases begin, it will depend on the judge's statement and ruling if uncle Gary is really doing a great job. Uncle Gary was a loser to Ripple already. This is a very important precedent for the next cases.

He is not leaving hehehehe and he also cannot be removed from his position unless there is a motion for impeachment in Congress. His term will end in 2026.
The US Congress doesn't have the power to remove the SEC Chairman. He is an appointee of the president and confirmed by Congress and can only be removed by the President. The Senate can only mount pressure on the President to sack him but this can only happen if he is guilty of inefficiency, neglect of duty, or misconduct. It is rare to see the president of the US sacking the head of an independent regulatory commission like the SEC they are usually forced to resign.

I am not quite certain on this. I reckon congress has this power also.

https://constitution.congress.gov/browse/essay/artII-S4-1/ALDE_00000282/#:~:text=Article%20II%2C%20Section%204%3A,other%20high%20Crimes%20and%20Misdemeanors.

@cryptomaniac_xxx. I reckon certain people are behind this anticrypto campaign in America. The grandmas Janet Yellen and Elizabeth Warren. These grandmas might be working for the real rulers who are found in Wall Street. These are the enemies of the new mayor of bitcoin.
hero member
Activity: 1344
Merit: 540
April 28, 2024, 09:25:47 AM
#16

He is not leaving hehehehe and he also cannot be removed from his position unless there is a motion for impeachment in congress. His term will end on 2026.

I reckon that uncle Gary is only beginning his attack on the cryptospace. After the Well's notice sent to Uniswap, the SEC has accussed that Metamask is acring similar to a brokerdealer.



The SEC accuses the MetaMask wallet of acting as an unlicensed broker-dealer, violating securities laws. A broker-dealer is a financial entity that conducts securities transactions on behalf of clients but can also trade for itself. It acts as a broker or agent when executing orders for clients; it acts as a dealer or principal when trading for its account.

Read in full https://www.coinlive.com/news/sudden-development-u-s-sec-accuses-metamask-of-operating-without-a

He is at best trolling us, Lol, yeah probably this is just a sign that him or the SEC will be on the offensive against with the "And we’re not done".

So let's see who will be the next project that they will be going after, anyone will be under the radar from them. And if a certain project started to take off, and then a lot of hype and endorsers be it hollywood stars and sports personalities, for sure they will be the one on the list to scrutinized and find something that will make them go after that project for whatever reasons they deem against their rules.
copper member
Activity: 1988
Merit: 905
Part of AOBT - English Translator to Indonesia
April 28, 2024, 07:18:00 AM
#15
No I dont think the great honor of MR Gary gonna leave this space I mean hahhaha he seems like SEC so much and the SEC seems to hate crypto much without Gary this crypto world gonna feel so plain.  Grin

Hahaha but seriously tho those twitter might be indication when someone are going to leave/resign but If mr gary resign I hope SEC had a new leader who like crypto a lot
legendary
Activity: 1736
Merit: 4270
April 28, 2024, 03:48:26 AM
#14
Uncle Gary is doing a great job, but he will fail with Ethereum and soon there will be spot Ethereum ETFs in the US. Many companies were waiting for regulations, and now the SEC has many ways to fill the state budget.
The approval of Spot Bitcoin ETF has paved the for  Ethereum ETF. I don't think that there is any reason why it should not be approved. Immediately the SEC has made laws that will put the ETF market under control, and it will be approved.
SEC had no issues with bitcoin. Satoshi was not selling anything, and SEC had no chance to call Bitcoin a stock.
The other problem was that SEC didn't realize where a large portion of the bitcoin stock was

https://bitcointalksearch.org/topic/bitcoin-statisticswhere-are-bitcoins-now-5487893
Half of the bitcoins have unknown owners, and it was a reasonable claim by the SEC to protect the market from manipulation.
hero member
Activity: 462
Merit: 472
April 27, 2024, 01:30:26 PM
#13
He is not leaving hehehehe and he also cannot be removed from his position unless there is a motion for impeachment in Congress. His term will end in 2026.
The US Congress doesn't have the power to remove the SEC Chairman. He is an appointee of the president and confirmed by Congress and can only be removed by the President. The Senate can only mount pressure on the President to sack him but this can only happen if he is guilty of inefficiency, neglect of duty, or misconduct. It is rare to see the president of the US sacking the head of an independent regulatory commission like the SEC they are usually forced to resign.

Uncle Gary is doing a great job, but he will fail with Ethereum and soon there will be spot Ethereum ETFs in the US. Many companies were waiting for regulations, and now the SEC has many ways to fill the state budget.
The approval of Spot Bitcoin ETF has paved the for  Ethereum ETF. I don't think that there is any reason why it should not be approved. Immediately the SEC has made laws that will put the ETF market under control, and it will be approved.
legendary
Activity: 1736
Merit: 4270
April 27, 2024, 04:38:23 AM
#12
bbc.reporter,
CFTC declares Ether as a commodity again in court filing
https://cointelegraph.com/news/cftc-declares-ether-as-a-commodity-again-in-court-filing

U.S. Court Calls ETH a Commodity While Tossing Investor Suit Against Uniswap
https://www.coindesk.com/policy/2023/08/31/us-court-calls-eth-a-commodity-while-tossing-investor-suit-against-uniswap/

https://blockworks.co/news/cftc-alleges-eth-as-commodity-kucoin-lawsuit
CFTC calls ETH a commodity in KuCoin complaint

Uncle Gary is doing a great job, but he will fail with Ethereum and soon there will be spot Ethereum ETFs in the US. Many companies were waiting for regulations, and now the SEC has many ways to fill the state budget.

legendary
Activity: 2926
Merit: 1440
April 26, 2024, 09:49:56 PM
#11

He is not leaving hehehehe and he also cannot be removed from his position unless there is a motion for impeachment in congress. His term will end on 2026.

I reckon that uncle Gary is only beginning his attack on the cryptospace. After the Well's notice sent to Uniswap, the SEC has accussed that Metamask is acring similar to a brokerdealer.



The SEC accuses the MetaMask wallet of acting as an unlicensed broker-dealer, violating securities laws. A broker-dealer is a financial entity that conducts securities transactions on behalf of clients but can also trade for itself. It acts as a broker or agent when executing orders for clients; it acts as a dealer or principal when trading for its account.

Read in full https://www.coinlive.com/news/sudden-development-u-s-sec-accuses-metamask-of-operating-without-a
hero member
Activity: 784
Merit: 589
April 26, 2024, 02:17:51 PM
#10

I do not think that if he resigns or someone replaces him, it will change much. Faces change, but changing policies takes a lot of time. These policies are not welcoming to Bitcoin in general, so we may need a lot of time before we see a change in SEC policies.
For me it will be a step in a positive direction if he gets changed. Okay, you may have a point about how policies take a lot of time to implement especially if the higher powers that be are also presenting a less than favorable front over Bitcoin but I feel that a kind of trust can be put in the SEC if a new face is brought in.
hero member
Activity: 462
Merit: 472
April 26, 2024, 02:15:02 PM
#9
This could be a joke from Uncle Gary.
The first tweet sounded like a farewell speech while the other two posts disproved that he was considering leaving the SEC. Gary Gensler's tenure as the SEC chairman will end on June 5, 2026, and there is no indication that the strongman has plans to resign before the end of his appointment duration.  He is also not under any investigation by the Senate, House of Rep, or any other government agencies that might warrant him to step aside.

Gary might be seen as a fierce opposer of Bitcoin adoption but he did what many former SEC chairmen failed to do, which is the approval of Spot Bitcoin ETF. He was able to go against some anti-Bitcoin forces in the legislature and other institutions that were bent on stopping the approval of ETF.
legendary
Activity: 1582
Merit: 1284
April 26, 2024, 10:07:07 AM
#8
If you ask me, the speech he gave was more of an appreciation than resignation and it looked that way because many of us just want to see Gary Gensler out of office due to his high-handedness where bitcoin is concerned.
I do not think that if he resigns or someone replaces him, it will change much. Faces change, but changing policies takes a lot of time. These policies are not welcoming to Bitcoin in general, so we may need a lot of time before we see a change in SEC policies.
legendary
Activity: 1736
Merit: 4270
April 26, 2024, 02:54:40 AM
#7
Studying American legislation, I came to the conclusion that the chairman of the SEC is limited in his powers. For example, when SEC analysts and lawyers find violations, this is submitted to the SEC commissioners for a vote. If the voting results are positive, then even the head of the SEC cannot interfere with the investigation.

If previously everyone was afraid to sue the SEC, now this is possible.
legendary
Activity: 2436
Merit: 1561
April 25, 2024, 05:32:23 PM
#6
He was just trolling.
The first one indeed read like a farewell note, but the "and we're not done" doesn't quite fit that kind of a message.

Gary Gensler has been like the ultimate villain in the bitcoin story. He went from looking like a proponent of bitcoin during his time at MIT with his lectures to revealing his true colours once he became in charge of the SEC.

He might be a villain for the wider crypto-industry, but he gained some sympathy from the die-hard bitcoiners by confirming that BTC is not a security, but all other major cryptos (namely ethereum) might fall into that category.
hero member
Activity: 784
Merit: 589
April 25, 2024, 04:40:46 PM
#5
Does anyone know how decisions are made in the SEC and whether the duties of the SECGov Chair are able to bring about changes in the way it works, or is it an institution and changing the chair may not change many trends in the institution?
Despite the bad reputation that Gary Gensler acquired and that the SEC tracked most (if not all) cryptocurrency exchanges, during his period the bitcoin ETF was approved, and it was his vote that made the difference.
I don't know how the SEC do their thing but you'd have to agree that our dear Gary was a serious pain in the ass and it doesn't matter if he was instrumental to the approval of the ETFs or not, he'd still not get into the good graces of crypto enthusiasts.
Well, the way Gary began his speech gave many the impression that he was resigning and knowing him, i think that was done deliberately to raise dust in the crypto space.
 If you ask me, the speech he gave was more of an appreciation than resignation and it looked that way because many of us just want to see Gary Gensler out of office due to his high-handedness where bitcoin is concerned.
legendary
Activity: 1582
Merit: 1284
April 25, 2024, 09:57:03 AM
#4
Does anyone know how decisions are made in the SEC and whether the duties of the SECGov Chair are able to bring about changes in the way it works, or is it an institution and changing the chair may not change many trends in the institution?
Despite the bad reputation that Gary Gensler acquired and that the SEC tracked most (if not all) cryptocurrency exchanges, during his period the bitcoin ETF was approved, and it was his vote that made the difference.
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