SEC scrutiny puts May approval of spot Ethereum ETFs in doubt

Amidst recent developments, skepticism surrounds the May approval of spot Ethereum exchange-traded funds (ETFs). SEC subpoenas to crypto firms, inquiries into the Ethereum Foundation, and a lack of SEC engagement raise doubts. Thorn, a former Fidelity executive, speculates on the SEC's investigation into Ethereum's ICO, a potential irregularity given its decade-long existence. The SEC's unclear stance on ETH's classification adds to the uncertainty, despite allowing futures-based ETFs. Market experts anticipate a delay in spot ETF approval, citing the need for the industry to absorb spot bitcoin ETFs first.

SEC Scrutiny Casts Doubt on May Approval of Spot Ethereum ETFs

Galaxy Digital's head of firmwide research, Alex Thorn, has expressed skepticism over the likelihood of spot Ethereum exchange-traded funds (ETFs) receiving approval by May. This skepticism stems from recent developments, including SEC subpoenas and a perceived lack of engagement by the regulatory body.

In a Friday note, Thorn outlined concerns raised by SEC subpoenas issued to crypto firms regarding their ties to the Ethereum Foundation. These subpoenas, along with reports of a confidential inquiry from a state authority to the foundation, have heightened疑虑.

Fortune's report highlights the SEC's active legal efforts to classify ether (ETH) as a security, citing subpoenas sent to U.S. companies as part of an investigation. The Block also reported that the Ethereum Foundation had removed the "warrant canary" from its website after receiving the confidential inquiry.

Thorn, a veteran of Fidelity Investments, speculates that the SEC's focus on crypto firms' interactions with the Ethereum Foundation may stem from an inquiry into whether Ethereum's initial coin offering (ICO) in 2014 constituted an unregistered securities offering. While the SEC could potentially differentiate between the ICO and the current secondary trading of ETH, any enforcement action against the Ethereum Foundation nearly a decade later would be considered irregular.

SEC Chairman Gary Gensler has declined to comment on whether the agency views ETH as a security. However, reports indicate that the SEC regards Ethereum's 2022 "Merge" upgrade as potentially bolstering the argument for classifying ETH as a security due to the network's transition to proof-of-stake. Despite this view, the SEC approved several futures-based Ethereum ETFs in 2023, a year after Ethereum's PoS transition.

Thorn argues that if the SEC were to pursue allegations of securities violations against ETH or the Ethereum Foundation, it would navigate uncertain legal terrain and potentially impact an industry that has existed for over a decade.

This perspective aligns with market experts' doubts about the approval of a spot Ethereum ETF by May. Bitwise CIO Matt Hougan has suggested that delaying approval could be beneficial, allowing Wall Street to digest spot bitcoin ETFs before focusing on new ones. He believes that a later approval could attract even more assets.

The SEC's recent actions, including subpoenas and inquiries, have thrown a wrench into the timeline for spot Ethereum ETF approvals. While the regulatory landscape remains fluid, it is clear that the SEC's scrutiny is casting doubt on the prospects of a May approval.