- Top legal experts suggest that the US SEC is strategically delaying major crypto case dismissals, possibly waiting for the confirmation of new SEC Chair Paul Atkins before making key decisions.
- Meanwhile, the recent appointment of Brian Quintenz as CFTC Chair is seen as a positive shift for crypto regulation, potentially reducing the SEC’s influence in the space.
The crypto world is abuzz with speculation as top legal experts weigh in on the United States Securities and Exchange Commission’s (SEC) delay in dropping or settling major cryptocurrency lawsuits. Cases involving Ripple (XRP), Coinbase, and Binance remain in limbo, raising questions about the agency’s next moves. Legal professionals, including ex-SEC lawyers and pro-XRP attorneys, offer insights into the reasons behind this strategic delay.
A Strategic Pause in Crypto Lawsuits
One of the key developments fueling speculation is the 60-day pause in the Binance lawsuit. The SEC and Binance jointly filed for this temporary halt, citing the formation of a crypto task force under SEC Commissioner Hester Peirce. However, experts believe this may be part of a broader plan to wait until a new SEC Chair, Paul Atkins, is confirmed before making major decisions.
Prominent pro-XRP lawyer James Murphy, known as MetaLawMan, suggests that current acting SEC Chair Mark Uyeda and Commissioner Peirce might be delaying decisions until Atkins takes over. This strategic move could impact the future of high-profile crypto cases, including Ripple vs. SEC and Coinbase’s legal battle with the agency.
Will Coinbase See a Similar Delay?
With the February 14 deadline looming for Coinbase’s case, speculation is mounting over whether it will also face a temporary pause. According to Murphy, this may not be necessary. He explains that if the Second Circuit Court grants Coinbase’s request for an interlocutory appeal, the SEC may not need to make any additional legal moves before the leadership transition is finalized.
Murphy further estimates that Atkins’ confirmation could take less than 60 days, aligning with the delay seen in other cases. Since agency heads typically follow Cabinet members in the Senate confirmation process, this waiting period is expected.
SEC’s Decision-Making Process Under Scrutiny
The ongoing delays have also sparked debates about whether the SEC’s current leadership has the authority to act. Prominent XRP attorney Bill Morgan has questioned why the SEC cannot move forward if commissioners could theoretically vote 3-1 to dismiss the cases.
Former SEC lawyer Marc Fagel provides some clarity, explaining that certain decisions, like rescinding the Staff Accounting Bulletin 121 (SAB 121), do not require a formal vote, while enforcement actions do. Although the SEC is legally able to proceed, it appears to be exercising caution, possibly to avoid making decisions before the new chair assumes leadership.
A Positive Shift for Crypto Regulation?
While the SEC’s hesitancy to act has frustrated many in the crypto space, another leadership change offers a glimmer of hope. The recent appointment of Brian Quintenz as the new Chair of the Commodity Futures Trading Commission (CFTC) is seen as a step in the right direction.
Pro-XRP lawyer Jeremy Hogan has lauded this decision, suggesting that the CFTC’s influence on crypto regulation could eventually surpass that of the SEC. This shift in leadership may bring much-needed clarity to the regulatory landscape, benefiting the broader crypto industry.
What’s Next?
As the crypto community awaits Paul Atkins’ confirmation, the SEC’s ongoing crypto lawsuits remain in uncertain territory. While many expect further delays, legal experts believe that once Atkins takes over, the agency may finally move to dismiss some of these high-profile cases.
