Several Republican senators have criticized the SEC’s recent mishandling of the DEBT Box case as “unethical” and raised questions about the watchdog’s regulatory approach under Chairman Gary Gensler.
The five senators said in a letter dated Feb. 7 that the SEC’s blunders in the case were “unacceptable” and raised several concerns about its activities.
SEC’s Mishandling of DEBT Box
The SEC accused DEBT Box of crypto asset fraud in August 2023. The regulator subsequently obtained a temporary asset freeze, a restraining order and other emergency relief against the company.
Subsequent court proceedings determined that these requests were granted based on false information provided by the SEC attorney. The SEC admitted inaccuracies in December and decided to drop the case entirely in late January.
In the letter was written:
“We are very concerned about the behavior of the Commission in this country [the DEBT Box] case. It is unconscionable that a federal agency – especially a federal agency – especially one that regularly engages in high-consequence legal proceedings and an agency that, under your leadership, has often pursued its regulatory mission through enforcement actions rather than regulation – on could operate in such an unethical and unprofessional manner.”
Senators acknowledged that the SEC’s errors were likely due to “negligence rather than malice” but said that “even this statement of charity is unacceptable.”
The senators questioned how SEC attorneys were not familiar with the facts of one case and suggested other enforcement cases would require further investigation. They expressed concern that other SEC cases could be based on “questionable evidence, ambiguities or outright misrepresentations.”
Senators also called the SEC’s previous promise of mandatory workforce retraining disproportionate to the severity of the incident. They also indirectly alluded to the SEC’s intention to assign senior staff to the DEBT Box case, dismissing this as a “promise to reshuffle staff.”
Senators opposed SEC
The senators did not ask the SEC to take specific actions or for answers to specific questions.
Instead, the letter appears to be just part of those senators’ broader opposition to the SEC’s handling of cryptocurrency. The letter is signed by five Republican senators known for their crypto-friendly positions: Cynthia Lummis, Thom Tillis, Bill Hagerty, Katie Boyd Britt and JD Vance.
Earlier in February, Lummis led an effort to overturn the SEC’s Staff Accounting Bulletin 121, a rule that could restrict custody practices around cryptocurrency. Lummis is also notable for a bipartisan bill that would, in part, establish clear crypto regulatory roles for the SEC and CFTC. However, that bill has not developed significantly since it was reintroduced in mid-2023.
Meanwhile, Vance and Tillis recently wrote a letter to the SEC about a breach of the agency’s X account, before spot-approving the Bitcoin ETF in January. The three other senators also raised concerns about that violation in separate statements.
