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Gensler's tenure marked by ambitious reforms, legal
challenges
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SEC's crypto crackdown led to criticism, legal battles
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Trump likely to appoint a Republican SEC commissioner as
acting
head
By Douglas Gillison
WASHINGTON, Nov 21 (Reuters) - U.S. Securities and
Exchange Commission Chair Gary Gensler will step down on Jan. 20
when President-elect Donald Trump's administration takes over,
the agency said on Thursday, ending an ambitious tenure that saw
him clash with Wall Street and the crypto industry.
"I thank President Biden for entrusting me with this incredible
responsibility. The SEC has met our mission and enforced the law
without fear or favor," Gensler, who was nominated by Democratic
President Joe Biden in 2021, said in a statement.
Known for his hard-charging style, Gensler led an ambitious
agenda to boost transparency, reduce systemic risks, and stamp
out conflicts of interest on Wall Street, completing dozens of
new rules, some of which have been challenged in court.
Among his major accomplishments were changes to increase the
resilience and efficiency of U.S. markets, including speeding up
trade settlements and overhauling the $28 trillion Treasuries
market, as well as a number of rules boosting investor
disclosures and corporate governance.
The Baltimore native also successfully implemented rules
mandated by Congress imposing SEC oversight on auditors of
U.S.-listed Chinese companies, ending a decade-long tussle with
Beijing that lawmakers said had put U.S. investors at risk.
On the enforcement front, Gensler's SEC broke new ground with a
multi-year effort focused on Wall Street's use of text, WhatsApp
and other unauthorized channels to discuss business, levying
more than $2 billion in fines against dozens of firms, including
JP Morgan and Goldman Sachs ( GS ).
He also took on the crypto industry, suing Coinbase,
Kraken, Binance and others, alleging that their failure to
register with the agency violated SEC rules, accusations the
companies deny and are fighting in court. When it comes to
crypto, the courts have mostly backed Gensler's positions.
But his sweeping agenda and uncompromising posture sparked
intense pushback from Wall Street, as well as congressional
Republicans, and even some Democrats.
The U.S. Chamber of Commerce, Managed Funds Association and
other groups sued in the conservative-leaning Fifth U.S. Circuit
Court of Appeals and elsewhere to overturn at least eight rules,
arguing they were unjustified, harmful or beyond the SEC's
authority.
Jill Fisch, a University of Pennsylvania law professor
specializing in securities regulation, said Gensler would depart
with a mixed legacy.
"I think there are clearly some victories, but I would say
he came in with a fairly aggressive rule-making agenda and most
of that either hasn't or isn't likely to endure."
TRUMP TRANSITION
In a major blow to the agency, the Fifth Circuit ruled in June
that the SEC did not have the authority to oversee the $27
trillion private funds industry. That loss, and other legal
challenges, have slowed the agency's rule-making this year, and
could impede the agency in the long run, Reuters reported.
Just before Gensler's announcement on Thursday, a federal
judge in Texas struck down
the SEC's
overhaul of Treasury dealer rules
adopted earlier this year.
Some critics also say Gensler's crypto crusade was
ill-conceived and damaged the U.S. economy by stifling
innovation and pushing crypto companies offshore, criticism he
has rejected. In a speech this month, he argued history has
shown that "robust securities regulation both creates trust in
markets and fosters innovation."
Trump has not said who would replace Gensler, although he
is widely expected to appoint one of the current Republican SEC
commissioners, Hester Peirce or Mark Uyeda, as acting head of
the agency.
Reuters
previously reported
that Trump's transition team is considering former SEC
officials for the job permanently.
Gensler's successor is expected to
immediately end the crypto crackdown
, review many of Gensler's rules, pull enforcement actions
wending their way through the courts, and pursue rule changes
focusing on promoting capital formation.
(Writing by Michelle Price; Additional reporting by Chris
Prentice in New York; Editing by Paul Simao)