Sept 24 (Reuters) - Lawmakers from both major parties in
the House of Representatives on Tuesday renewed their attacks on
Wall Street's chief regulator over his agency's policies on
cryptocurrencies, accusing the U.S. Securities and Exchange
Commission of hampering the industry's growth.
The sometimes heated questioning coincides with mounting
election-year political pressure and soaring campaign cash
contributions from the industry, which SEC Chair Gary Gensler
has described as rife with criminality and other non-compliance
leading to steep investor losses.
All five of the SEC's members appeared on Tuesday at a
hearing of the U.S. House Financial Services Committee, only the
third time this has happened in the past 17 years, allowing
Republican commissioners to voice dissent alongside its majority
Democratic members.
Senior Republican lawmakers were joined by some Democrats in
expressing stern displeasure.
Committee Chairman Patrick McHenry, a Republican, said the
SEC had referred to digital assets using a series of different
terms that left the crypto industry unsure was to what assets
fell under SEC jurisdiction.
Gensler said the distinction was "less about the terms. It's
more about the economics," referring to Supreme Court precedent
on the definition of securities as investment contracts.
However, Republican Commissioner Hester Peirce, a vocal
critic of Gensler's policies, said the agency had "taken a
legally imprecise view to mask the regulatory lack of clarity."
This created questions as to whether an asset was a
security, part of an investment contract or sold alongside one,
which then affected sales, Peirce said.
Since taking office, Gensler has insisted the existing
securities laws are sufficient for regulating the crypto
industry, rebuffing calls for industry-specific regulations.
Gensler also defended a 2022 SEC accounting bulletin that
lawmakers in May unsuccessfully sought to rescind and which
calls on public companies safeguarding crypto assets to record
them as balance sheet liabilities.
A series of bankruptcies had shown the practice was
justified, Gensler said.
Gensler also said, depending on the outcome of November's
elections, his agency could try again to issue regulations
governing corporate disclosures about share buybacks, following
a 2023 court decision striking down an SEC rule adopted last
year.