The departure of the former chairman of the former Securities and Exchange Commission (SEC) Gary Genler has not terminated the regulation approach of the Agency for the crypto industry.
According to Justin Slaughter, vice-president of Paradigm of Regulatory Affairs and a former SEC and Commodity Futures Trading Commission (CFTC), the current lawsuits at state level against crypto exchanges illustrate, in particular Coinbase, that enforcement efforts have been withheld.
Slaughter emphasized That regulatory pressure has shifted to the level of the state with the new federal leadership that took on. He noted that this dynamic is common during the American political transitions, where outgoing federal officials and coordinated external groups of state actors encourage them to continue to pursue unsolved agendas.
Slaughter also emphasized that the lawsuits against Crypto exchanges will only end once the federal legislation has been adopted.
Oregon’s case against Coinbase
Slaughter called the Oregon Attorney General’s Legal against Coinbase As proof of how the enforcement of regulations at state level continues. Although Oregon did not participate in the original coalition of ten states that Coinbase suggested in addition to the SEC in 2023, it has now submitted a separate action on the basis of the Studies Act.
According to Slaughter, Oregon’s complaint reflects the earlier matter of the SEC against Coinbase, whereby the language is often replicated and arguments almost word for word, including descriptions of the business decisions of the company and blockchain technology.
However, the office of the attorney general of Oregon has made various targeted operations to distinguish his submission, including reducing references to ‘crypto -activa effects’, a term extensively used by the SEC but is criticized by the crypto industry.
Oregon’s complaint states the expression only three times, compared to 37 bodies in the original complaint of the SEC.
Slaughter also pointed out that state lawyers -general (AGS) fundamentally differ from federal supervisors in capacity and legal approaches.
AGs often miss the expertise, resources and time to build detailed matters related to those of federal agencies, but their actions can be more unpredictable.
Courts submitted operate under various legal standards and procedures than federal courts, which increases the chance of a variety of legal precedents over the areas of law.
Lack of federal legislation
The current lawsuits at state level emphasize the structural challenges with which the crypto industry is confronted without extensive federal legislation.
Slaughter warned that the longer the congress slows down that a united regulatory framework draws up, the greater the chance that crypto companies are confronted with a patchwork of different rules at state level and judicial statements.
Constitutional courts are not obliged to respect each other’s decisions, which can lead to inconsistent legal results throughout the country.
Slaughter noted that many government matters are entirely based on the Statten Act, intentionally structured to prevent removal for federal courts, as can be seen in Oregon’s complaint against Coinbase. This strategy makes it more difficult for crypto companies to consolidate defenses and to seek uniform treatment under federal legislation.
According to Slaughter, the perseverance of enforcement actions, whether it is guided federally or by the State, that only lawsuits will not resolve regulatory uncertainty. He emphasized the urgent need for the congress to make legislative solutions for the digital assets sector because “This problem will not disappear or go back in the bottle. “
