‘Kraken Down’ — SEC commissioner rebukes own agency over recent action

1 year ago

"Today, the SEC unopen down Kraken’s staking programme and counted it arsenic a triumph for investors. I disagree and truthful dissent," said commissioner Hester Pierce.

‘Kraken Down’ — SEC commissioner rebukes ain  bureau  implicit    caller    action

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United States Securities and Exchange Commission (SEC) commissioner Hester Pierce has publically rebuked her ain bureau implicit the unopen down of Kraken's crypto staking programme successful the United States. 

The commissioner blasted her regulator successful a Feb. 9 connection called "Kraken Down," noting that regularisation by enforcement “is not an businesslike oregon just mode of regulating” successful an emerging industry, stating: 

Today, the SEC unopen down Kraken’s staking programme and counted it arsenic a triumph for investors. I disagree and truthful dissent.

Peirce's connection besides slammed the regulator for shutting down a “program that has served radical well."

“Using enforcement actions to archer radical what the instrumentality is successful an emerging manufacture is not an businesslike oregon just mode of regulating. Moreover, staking services are not uniform, truthful one-off enforcement actions and cookie-cutter investigation does not chopped it," she said.

My thoughts connected today's Kraken settlement: https://t.co/mijt3MNN4U

— Hester Peirce (@HesterPeirce) February 9, 2023

Peirce implied the regulator was “lazy and paternalistic” and suggested the SEC should person initiated a “public process to make a workable registration process that provides invaluable accusation to investors.”

Coinbase CEO and co-founder Brian Armstrong agreed with Peirce’s comments successful a Feb. 9 tweet, suggesting that requiring businesses to registry its staking services is simply a “disingenuous offer” arsenic determination is nary wide way to registration.

Well said. There was nary mode to registry (a disingenuous offer).

“Using enforcement actions to archer radical what the instrumentality is successful an emerging manufacture is not an businesslike oregon just mode of regulating.” https://t.co/6wVZZbQt23

— Brian Armstrong (@brian_armstrong) February 9, 2023

Earlier this week, Armstrong said helium had heard “rumors that the SEC would similar to get escaped of crypto staking successful the U.S. for retail customers,” and said “it would beryllium a unspeakable way for the U.S.” arsenic it would further drive crypto businesses offshore.

Coinbase is presently the subject of a SEC probe akin to the 1 which resulted successful the Kraken settlement, which it revealed successful an Aug. 9 SEC filing was besides related to its staking services.

On Feb. 9, the SEC announced that it had reached a $30 cardinal settlement with crypto speech Kraken, saying it failed “to registry the connection and merchantability of their crypto plus staking-as-a-service program.”

Today we charged Kraken with failing to registry the connection and merchantability of their crypto plus staking-as-a-service program, whereby investors transportation crypto assets to Kraken for staking successful speech for advertised yearly concern returns of arsenic overmuch arsenic 21 percent.

— U.S. Securities and Exchange Commission (@SECGov) February 9, 2023

Kraken said successful a Feb. 9 blog post that it would inactive connection staking services to non-U.S. customers done a subsidiary, but according to the SEC announcement the steadfast is permanently banned from providing staking services to U.S. residents, adjacent if they sought to registry it with the regulator.

Related: Getting escaped of crypto staking would beryllium a ‘terrible path’ for the US — Coinbase CEO

Peirce, besides known arsenic the SEC’s “Crypto Mom,” has been a beardown advocate for the crypto industry during her clip astatine the regulator.

Peirce has antecedently projected a “safe harbor” for token projects which are looking to physique decentralized networks, successful which the web developers would person a three-year grace play wherever they were exempt from SEC ineligible action, with an updated mentation of the connection released connected Apr. 13, 2021.

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