These 4 Big Wins for the Digital Currency Industry Show the SEC Is Dropping Lawsuits and Investigations

This week, the digital currency industry had arguably four big wins, as the Securities and Exchange Commission (SEC) dropped lawsuits and investigations into major players

This week, the U.S. Securities and Exchange Commission (SEC) dropped lawsuits and investigations into major digital currency companies, including Coinbase (NASDAQ:COIN), Robinhood Crypto (NASDAQ:HOOD), Uniswap Labs, and the non-fungible token (NFT) marketplace OpenSea.

The SEC sued Coinbase in June 2023, alleging that it had been operating as an unregistered broker, exchange, and clearing agency since 2019. The commission claimed that the company violated federal securities laws by facilitating unregistered securities trading. After over a year of legal battles, the SEC dismissed the case on February 21.

Coinbase was one of the companies that tried to push back and asked the SEC for clearer regulatory guidelines. However, the agency refused to provide them, which led a federal court to criticize the SEC’s actions, calling their refusal “arbitrary and capricious.” Afterward, the court ordered the SEC to provide a more detailed explanation for its refusal to offer guidance—an order the agency never fulfilled because before it had a chance to do so, there was a change in SEC leadership.

After former SEC Chair Gary Gensler departed, the agency has been winding down its probes into major digital asset firms.

In May 2024, the SEC threatened to sue Robinhood over its crypto operations, notifying the company of a pending lawsuit with a Wells Notice. However, the SEC abruptly closed it’s investigation into the company’s crypto activities on February 24.

The regulator also closed its probe into Uniswap Labs. The crypto exchange received a Wells Notice in April 2024, during which it was threatened with an investigation into whether it was operating as an unregistered securities broker and exchange.

Finally, OpenSea was notified in August 2024 that the SEC was investigating whether certain NFTs on it’s platform should be classified as securities, but the SEC discontinued the investigation on February 21.

Each of these companies spent years and millions of dollars in legal fees battling the SEC. Now, seemingly overnight, the regulatory threats they faced have vanished. So, what changed?

There’s been a major shift in the SEC’s approach to crypto regulation, and while this might seem like a win for digital asset companies, the reality is much more complex.

The SEC’s crypto policy shift

Under former SEC Chair Gary Gensler, the agency took an aggressive stance against crypto. Gensler repeatedly stated that existing securities laws already covered most crypto assets and that many industry players failed to comply. His approach emphasized enforcement over guidance, leading to a wave of lawsuits and investigations that put major crypto firms in hot water.

One of these firms was Coinbase, which tried to push back and asked the SEC for clearer regulatory guidelines. However, the agency refused to provide them, which led a federal court to criticize the SEC’s actions, calling their actions “arbitrary and capricious.” Afterward, the court ordered the SEC to provide a more detailed explanation for its refusal to offer guidance—an order the agency never fulfilled because before it had a chance to do so, there was a change in SEC leadership.

Gensler’s departure ushered in a new era of crypto policy, marked by a hands-off approach that is much different than the SEC’s enforcement-heavy tactics of the past.

Trump’s pro-crypto administrationAt face value, this shift appears to be exactly what the industry has been asking for: less government interference and clearer guidelines. However, in practice, the effects of these changes have been different from what they were in theory.

When rumors of regulatory relief first surfaced, the crypto market responded enthusiastically. Prices soared in anticipation of a more business-friendly environment. However, once these changes were officially implemented, the reality didn’t quite match expectations, and market prices have been falling fast.

Instead of spurring new business activity, the shift in regulation has led to increased market speculation and a surge in questionable projects—initiatives that consumers have been investing in and losing money on unless they can sell hours after the project first launches. With fewer legal roadblocks, an influx of new tokens, NFTs, and decentralized finance (DeFi) projects have emerged—many of which lack real utility and resemble high-stakes gambling operations.

Is crypto becoming the Wild West again?

One of the biggest concerns emerging from the SEC’s new hands-off approach is the rise in fraudulent activity. While crypto businesses like Coinbase and Robinhood are now free to operate without regulatory interference, the lack of oversight has also created a breeding ground for scams and pump-and-dump schemes.

Hester Peirce, the head of the SEC’s Crypto Task Force, recently stated that the SEC does not have jurisdiction over most crypto assets, including many coins, tokens, and NFTs. This raises an important question: If the SEC isn’t the regulator, then who is?

Right now, no clear answer exists, which has made the industry a bit of a