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Judge Bibas on SEC regulation: SEC combines ‘regulatory uncertainty with unpredictable enforcement’

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Judge Bibas on SEC regulation: SEC combines ‘regulatory uncertainty with unpredictable enforcement’
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Stephanos Bibas, Judge of the U.S. Court of Appeals for the Third Circuit | x.com

Judge Stephanos Bibas of the Third Circuit Court has remanded a case involving the U.S. Securities and Exchange Commission (SEC) and Coinbase for further consideration, stating that the SEC's actions require additional justification. The decision was issued on January 13, 2025.

"The DAO Report did not provide a precise formula for determining when a digital asset is a security," said Bibas. "Whether the SEC has articulated adequate legal bases for any of its particular enforcement actions against digital-asset firms is not before us."

According to Justia, Judge Bibas ruled that the SEC must provide a more detailed explanation for its denial of Coinbase’s petition, which sought tailored regulatory rules for digital assets. The case, argued in September 2024, underscored Coinbase’s concerns about compliance difficulties and regulatory ambiguity when applying existing securities laws to cryptocurrencies. The court found that the SEC's rejection lacked sufficient reasoning and did not adequately address challenges posed by the evolving digital asset landscape.

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The Hill reports that Gary Gensler became chair of the SEC in 2021. His tenure included various regulatory reforms and enforcement actions, particularly involving cryptocurrency firms and alleged securities law violations. The SEC also introduced measures aimed at enhancing market transparency and compliance.

Gensler announced via his X account on November 21, 2024, that he would step down as chair of the SEC on January 20, 2025. His leadership focused on regulatory oversight and enforcement actions against cryptocurrency firms during a period marked by changes in financial and digital asset markets.

The Federal Judicial Center (FJC) provides background on Judge Bibas, noting his education at Columbia University, University College Oxford, and Yale Law School. He served as a law clerk for Justice Anthony M. Kennedy and Judge Patrick E. Higginbotham before being appointed to the U.S. Court of Appeals for the Third Circuit by President Trump in 2017.

According to the SEC's website, it enforces stringent financial regulations to ensure market integrity and holds companies accountable for fraudulent activities. In fiscal year 2023, the SEC obtained orders totaling $4.949 billion in financial remedies, marking its second-highest amount in history.

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