SEC Boss Has Long Viewed Ethereum as a Security, New Filing Reveals

As a long-term crypto investor with a keen interest in Ethereum, I find the ongoing investigation by the SEC into Ethereum’s security status to be both intriguing and concerning. Having closely followed the developments in the cryptocurrency space for years, I have seen firsthand how regulatory uncertainty can significantly impact market sentiment and prices.


Based on the details disclosed in Consensys’s unredacted lawsuit against the SEC, I found that SEC Chairman Gary Gensler considered Ethereum, the second-largest cryptocurrency, to be an unregistered security around a year ago.

As a crypto investor, I’ve kept a close eye on the SEC’s actions regarding Ethereum. In March 2023, I was intrigued when I heard that Gurbir Grewal, the Director of the Division of Enforcement at the SEC, gave the go-ahead for a formal investigation into Ethereum’s security status. This probe involved sending subpoenas to numerous individuals and entities who have had dealings with the Ethereum token. I eagerly awaited updates on this investigation, as it could potentially impact the entire crypto market.

As a researcher delving into this topic, I’ve come across an intriguing piece of information from Fox Business. According to their report, the Securities and Exchange Commission (SEC) was determined to keep their ongoing investigation under wraps. One insider went as far as likening the experience to being bound by a nondisclosure agreement. The recipients of subpoenas were instructed to maintain silence if they wished to obtain more details regarding the investigation.

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As an analyst, I wouldn’t be surprised to learn that Consensus, a major supporter of Ethereum, received subpoenas from the Securities and Exchange Commission (SEC).

Following the submission of its lawsuit versus the SEC, Consensys announced that it had been notified by the regulatory body in April through a Wells notice.

According to U.Today’s news, SEC Chairman Gary Gensler has consistently declined to clarify whether Ethereum qualifies as an unregistered security. This query was also left unanswered during his congressional appearance with Congressman Patrick McHenry in April 2023. It is worth mentioning that the SEC initiated an investigation into Ethereum shortly after this hearing.

It’s no shock that the SEC views Ethereum unfavorably, considering the SEC chairman’s suggestion in a New York Magazine interview that the token might be considered an unregistered security.

As a crypto investor, I can tell you that during his time at MIT, Gensler had previously held the view that Ether wasn’t considered a security. However, Ethereum’s much-anticipated shift to proof-of-stake consensus mechanism might have significantly changed his perspective on this matter.

As an ETF analyst, I’ve been following the developments in the crypto space closely. Recently, the SEC made a surprising move by approving Ethereum futures ETFs. However, I find myself perplexed by this decision. To me, it appears that this approval implies that Ethereum is considered a non-security commodity. Why else would they approve these futures ETFs?

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2024-04-29 18:12