- Lawmakers criticized Gensler and accused the SEC of “selective enforcement” and rogue conduct.
- Gensler defended the SEC’s position, citing non-compliance in the cryptocurrency sector.
The long-awaited event in the crypto sector came as SEC Chairman Gary Gensler faced intense scrutiny during his testimony before the House Financial Services Committee on September 24.
Accusations against Gensler
Lawmakers openly criticized SEC Chairman Gary Gensler during the hearing, with Representative Pete Sessions accusing the SEC of “selective enforcement.”
Representative Patrick McHenry claimed that Gensler had turned the SEC into “a rogue agency.”
Meanwhile, Rep. Tom Emmer flatly alleged that Gensler was “misusing” the agency’s enforcement tools.
This session underscored the escalating tensions between regulators and the crypto industry, raising questions about the future of regulatory oversight.
That said, Emmer confronted Gensler directly and stated:
“Your inconsistencies on this issue have put this country at a disadvantage. We could not have had a more historically destructive or lawless chairman of the SEC.”
Gensler defends himself and the SEC
In response, Gensler added:
‘I think there are laws. If Congress wants to change them, they will change them, but we enforce the law, and there are a lot of people in this area who don’t follow the laws.”
Gensler staunchly defended the SEC’s “regulation by enforcement” strategy.
He alleged that numerous players within the cryptocurrency sector are not complying with existing securities laws.
However, he faced criticism from within the agency.
For example, SEC Commissioner Hester Peirce stated that the SEC should have repealed the term “crypto asset security” in court a long time ago.
Peirce added,
“We have fallen from our duty as regulators, not to be precise.”
Important cases highlighted
During the five-hour session, Gensler also faced significant backlash over the Debt Box case, in which the SEC alleged $50 million in fraud.
For those unaware, the case was dismissed on May 28 and the SEC was ordered to pay $1.8 million in fees.
Additionally, Representative Emmer accused the SEC’s attorneys of fabricating lies to support Gensler’s “anti-crypto rhetoric” and enforcement strategy, heightening concerns about the SEC’s regulatory practices.
To which Gensler replied:
“Things were not handled properly in that case.”
Despite pressure from 42 American politicians to repeal Staff Accounting Bulletin No. 121, or SAB 121, Gary Gensler remained steadfast.
Under pressure from Representative Wiley Nickel, Gensler stated that the rule would remain in place.
“No, it’s a good accounting bulletin.”
This position was widely criticized and underscored the contentious relationship between the SEC and lawmakers concerned about its impact on the cryptocurrency industry.
What’s next for Gensler?
Amid the criticism, Rep. Brad Sherman (D-CA32), known as one of the most fervent anti-Bitcoin voices on Capitol Hill, was the only lawmaker to support Gensler.
He thanked the SEC for standing up for crypto, adding:
“Thank you for standing up against crypto. Thank you for standing up for the rights of investors who care about the environmental impact of their investment.”
So now that the dust has settled on the recent Congressional hearing, it will be intriguing to see where Gary Gensler finds himself in 2025.
Will he remain chairman of the SEC and possibly be fired if Donald Trump returns to power, or will he be appointed Treasury Secretary in the event of a Kamala Harris victory, as rumors suggest?