As President-elect Donald Trump prepares to take office, reports have emerged that he has selected Paul Atkins, a prominent pro-crypto figure, to chair the Securities and Exchange Commission (SEC). Current SEC Chair Gary Gensler will step down on January 20, 2025, paving the way for Atkins, who previously served as an SEC commissioner under President George W. Bush. Atkins is well-regarded within conservative legal circles and among the Republican establishment, which has sparked a mix of reactions regarding his potential impact on the SEC and crypto regulation.
One of the most significant ongoing cases involving the SEC is the Ripple (XRP) lawsuit, a legal battle that has drawn considerable attention from the crypto community. The SEC claims that Ripple violated securities laws by issuing XRP, treating it as an unregistered security. However, in a landmark ruling in July 2023, Judge Analisa Torres determined that XRP was not a security when sold to retail investors on exchanges. On the other hand, she ruled that XRP was a security in institutional sales. This ruling significantly shifted the trajectory of the case, as the SEC had initially sought a massive $2 billion fine against Ripple. However, the penalty was reduced to $125 million, signaling a partial defeat for the regulator.
The case didn’t end there. In October 2024, Judge Torres rejected the SEC’s request to appeal the ruling, citing a lack of strong grounds. Despite this setback, the SEC persisted, filing an appeal with the Second Circuit Court, claiming that Judge Torres’ decision contradicted Supreme Court rulings on securities laws. The case remains unresolved, and with a potential shift in leadership at the SEC, its outcome could have wider implications for both Ripple and the broader crypto space.
Paul Atkins’ potential appointment as SEC chair has sparked mixed reactions. While he is seen as a traditional and respected figure, there are concerns that his appointment could be a setback for crypto regulation. John Deaton, a prominent crypto attorney, expressed skepticism about Atkins, stating that while Atkins is a figure Wall Street would likely endorse, he might not be the change agent that Trump and the crypto community need. Deaton argued that the SEC’s actions under Gensler have harmed investors, rather than protecting them, and that the crypto industry requires someone willing to challenge the SEC’s status quo.
Attorney Jeremy Hogan also weighed in on the potential drawbacks of Atkins’ appointment, suggesting that his traditional stance might not align with the disruptive and evolving nature of the cryptocurrency market. Critics argue that while Atkins may bring stability to the SEC, he may not possess the vision necessary to overhaul crypto regulations in a way that fosters innovation and investor protection.
Trump picks former SEC head Paul Atkins to chair his SEC.
— Jeremy Hogan (@attorneyjeremy1) December 3, 2024
Pros:
He has advocated for reasonable (and workable) regulation in the digital asset space – especially with the exchanges.
He's a steady hand who was SEC chair for 8 years. It will be hard for the Dems to attack him.… https://t.co/3RgVq0PxRL
As the Trump administration takes shape, the question remains: will Paul Atkins usher in a new era for crypto regulation, or will he be another figurehead reinforcing the SEC’s conventional approach? The outcome of the Ripple case and future regulatory decisions will undoubtedly shape the trajectory of crypto in the United States.
Disclaimer: The information in this article is for general purposes only and does not constitute financial advice. The author’s views are personal and may not reflect the views of Chain Affairs. Before making any investment decisions, you should always conduct your own research. Chain Affairs is not responsible for any financial losses.