Uncategorized
The SEC’s Retreat From Crypto Enforcement May Invite More Private Lawsuits

Until the new presidential administration took office, the digital asset industry was embroiled in an existential showdown with the U.S. Securities and Exchange Commission. For years, the SEC waged a scorched-earth regulation-by-enforcement campaign against the digital asset industry and its most-used platforms for failing to adhere to confusing — or non-existent — rules about what constitutes a security and who must register to buy and sell them. Now, under new leadership, the SEC has confirmed the end of its regulation-by-enforcement era.
While this shift has dramatically reduced (though not eliminated) exposure to regulatory suits by the agency, the industry must prepare for private plaintiffs to exploit the enforcement void and perpetuate, at least in the near term, ambiguities in the application of federal securities laws by bringing suits in U.S. courts alleging that particular digital assets are securities and seeking to hold businesses and their leaders responsible for withholding material information or other alleged misconduct, in violation of the securities laws.
The SEC’s Enforcement U-Turn
Under its new leadership, the SEC has confirmed the end of the regulation-by-enforcement era and taken significant steps to progress its policy goals, including a focus on prosecuting bad actors and fraud in the digital asset space. The most significant regulatory shifts include:
Crypto Task Force: Just one day into his tenure as SEC Acting Chair, Commissioner Uyeda announced the formation of a “Crypto Task Force” and, in doing so, publicly recognized what so many had long been saying: the SEC’s refusal to promulgate rules and instead regulate by enforcement sowed “confusion about what is legal” including “who must register” to trade digital assets and, importantly, how to register. The Crypto Task Force’s stated mission is to provide clarity to these questions and develop a regulatory framework for digital assets. It is hosting a series of industry roundtables, with the first to focus on how to define which digital assets are securities. .
Enforcement Action Dismissals: The SEC has dismissed (or agreed in principle to dismiss) nearly all non-fraud cases concerning allegations that a defendant failed to register as an exchange or broker-dealer.
Cyber and Emerging Technologies Unit: The SEC replaced the Crypto Assets and Cyber Unit with the Cyber and Emerging Technologies Unit (“CETU”), which is focused on protecting “retail investors from bad actors.” The SEC announced that CETU and its 30 fraud specialists and attorneys (down from more than 50) would focus on “[f]raud involving blockchain technology and crypto assets” among other priorities.
These changes indicate that SEC enforcement in the digital asset space will undoubtedly decline, given that the agency will no longer use its enforcement arm as the primary means to create regulatory policy and its associated reduction in staff focused on blockchain and crypto matters. According to the SEC, its staff remains committed to prosecuting bad actors and fraud-based claims, with Commissioner Hester Peirce clarifying that the shift in priorities and resources is not an end to SEC enforcement and that “statutes already on the books do not allow a free-for-all.”
Unsettled Law is an Opportunity for Litigation
In the face of the SEC’s enforcement retreat, individuals and firms should be prepared for private plaintiffs to exploit the enforcement void. Historically, the private plaintiffs’ bar has stepped in to pursue litigation in the wake of decreased regulatory enforcement (or at least the perception of it), whether it be suits alleging violation of the federal antitrust laws or financial misconduct in violation of the securities laws following the 2008 crisis. Such private suits, often brought as class actions, can be an expensive nuisance for businesses and their founders (often named as defendants themselves) — even for those who prevail at an early stage.
In the digital asset space, private plaintiffs may still use the federal securities laws as a basis to bring a variety of allegations, including:
selling unregistered securities;
engaging in the sale of securities by means of a prospectus (e.g. white paper) containing untrue statements or omissions of material facts;
securities fraud and other misconduct (e.g. rug pulls or pump-and-dump schemes);
violations by individuals who have decision-making control over the seller, such as founders or company leadership
Private plaintiffs may also pursue alleged violations of state securities laws and other common law causes of action.
Although the SEC’s new interpretation of the securities laws is more aligned with industry thinking, it does not bind courts analyzing the question of whether a digital asset is a security. For instance, private plaintiffs pursued the TRON Foundation and its founders, alleging that they misled investors by promoting, offering, and selling TRX — an alleged security — in violation of the federal and state securities laws. Late last year, the U.S. District Court for Southern District of New York denied in part the defendants’ motion to dismiss, and in doing so, explained that the SEC’s previous framework for determining whether crypto assets were securities was a “nonbinding interpretation of a legal standard.”
And while decisions from appellate courts are binding on the courts below them, the SEC recently dismissed a suit (involving Coinbase) that was pending appellate review on the issue of whether crypto asset transactions qualify as securities. Another similar suit is rumored to be dismissed soon. This means, for now, that lower courts will continue to lack guidance from a higher court on that issue, leaving private plaintiffs free to argue that the federal securities laws apply.
As a result, companies should expect an increase in private litigation. One area to watch is meme coins. While there are persuasive arguments for why meme coins should not be considered securities, private plaintiffs are sure to argue that the circumstances of a particular meme coin bring it within the ambit of the federal securities laws.
This year has been mostly positive for the digital asset industry. It has escaped the grip of an agency that was seemingly determined to crush it. But businesses and their founders re-evaluating their legal risk should confer with their legal teams on whether they may be targets of increased private litigation, so they can create strategies to mitigate such exposure.
Uncategorized
Trump’s Official Memecoin Surges Despite Massive $320 Million Unlock in Thin Holiday Trading

TRUMP, the memecoin tied to U.S. President Donald Trump, gained more than 9% in the past 24 hours following a $320 million token unlock. The price now sits around $8.40, still down more than 88% from its peak above $71 on Jan. 18.
The recent unlock may spell further trouble for investors, who are estimated to have lost a total of $2 billion after purchasing the token earlier this year.
Token unlocks typically flood the market with new supply and tend to depress prices. But in this case, the market appears to have priced in the release beforehand, potentially explaining the price uptick. Still, the $320 million unlock raises the risk of a large sell-off, especially given TRUMP’s thin liquidity.
Data from CoinMarketCap shows that just $1.3 million could move the token’s price by 2% on major exchanges. The move also comes during the Easter holiday weekend, when trading volumes are subdued and price swings can be more pronounced.
On social media, rumors are swirling about a possible event for large token holders, supposedly being organized by Trump himself. These claims remain unverified and highly speculative.
Data from Dune analytics shows there are currently 636,000 TRUMP token holders on-chain, with just 12,285 wallets having more than $1,000 worth of the cryptocurrency.
Uncategorized
Slovenia Moves to Tax Crypto Profits at 25%

Slovenia’s finance ministry has proposed a 25% tax on capital gains from cryptocurrency starting in 2026, under a draft law aimed at closing a gap in the country’s tax system.
The tax will apply to profit made when individuals sell crypto for fiat currency or spend it on goods and services. However, swapping one cryptocurrency for another will remain tax-free, and any gains made before January 1, 2026, will not be taxed, according to the finance ministry’s proposal.
The measure is meant to treat crypto gains more like other capital investments, such as stocks or bonds, which are already taxed.
Under the law, individuals would calculate their profit as the difference between the value at acquisition and at sale, adjusted for transaction fees. Losses can be carried forward to offset future gains. Taxpayers would need to file an annual return by March 31 and make payment within 15 days.
The tax could generate between €2.5 million and €25 million annually, according to preliminary government estimates. The country’s Ministry of Finance is soliciting public feedback on the proposal, which would come into effect next year.
The proposal comes as data from the European Central Bank’s ‘Survey on Consumer Payment Attitudes in the Euro Area’ shows Slovenia has the highest share of cryptocurrency owners in the euro area, with 15% of adults holding digital currencies last year, up from 8% in 2022.
Disclaimer: Information collected for this article was translated with the use of artificial intelligence.
Uncategorized
Unpacking the DOJ’s Crypto Enforcement Memo

Earlier this month, the Department of Justice disbanded its National Cryptocurrency Enforcement Team and said it would no longer pursue what Deputy Attorney General Todd Blanche described as «regulation by prosecution.»
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‘Regulation by prosecution’
The narrative
The U.S. Department of Justice «will no longer pursue litigation or enforcement actions that have the effect of superimposing regulatory frameworks on digital assets» in lieu of regulatory agencies putting together their own frameworks for overseeing the sector, a 4-page memo signed by Deputy Attorney General Todd Blanche on April 7 said. In other words, the DOJ will no longer pursue «regulation by prosecution,» the memo said.
Why it matters
The DOJ’s memo raised concerns that it may mean criminal activities in the crypto sector would not be prosecuted, or at least prosecuted as heavily as it was under the past several years — both by disbanding the National Cryptocurrency Enforcement Team (NCET) and by shifting the entity’s priorities.
Breaking it down
At a practical level, the memo itself is internal guidance but may not be a binding document. Multiple attorneys told CoinDesk they interpreted the guidance to indicate that the DOJ would still bring fraud or other criminal cases involving crypto, but would try to avoid any cases where the DOJ itself had to determine if a digital asset was a security or a commodity.
«Fraud is still fraud,» said Josh Naftalis, a partner at Pallas Partners LLP and a former prosecutor with the U.S. Attorney’s office for the Southern District of New York. «This memo does not seem to say the DOJ is not going to prosecute fraud in the crypto space.»
Still, the memo raised alarms for prominent Democrats who questioned whether the DOJ was suggesting it would let criminal conduct occur. Senators Elizabeth Warren, Mazie Hirono, Richard Durbin, Sheldon Whitehouse, Christopher Coons and Richard Blumenthal wrote a letter to Blanche, saying his «decision to give a free pass to cryptocurrency money launderers» and shut down the NCET were «grave mistakes that will support sanctions evasion, drug trafficking, scams and child sexual exploitation.»
«Specifically, the Department will no longer target virtual currency exchanges, mixing and tumbling services and offline wallets for the acts of their end users or unwitting violations of regulations — except to the extent the investigation is consistent with the priorities articulated in the following paragraphs,» the DOJ memo said, a passage the Senators’ letter referenced.
New York Attorney General Letitia James wrote an open letter to Senate leaders in the same week asking them to advance legislation to address cryptocurrency risks. She did not specifically reference Blanche’s memo but detailed possible ways to better police the sector through legislation.
Katherine Reilly, a partner at Pryor Cashman and a former prosecutor with the U.S. Attorney’s Office for the Southern District of New York, told CoinDesk that most of the major crypto cases brought by the DOJ in recent years would not have been affected had this guidance been in effect.
The BitMEX case in 2020, when the DOJ and Commodity Futures Trading Commission brought unregistered trading and other charges against the platform, is «probably closest to the line» of being a case that may not have been brought under this guidance, she said.
Trump pardoned BitMEX, its founders and a senior employee in late March, barely two weeks before the DOJ memo was shared.
«I think that it’s clear that the Justice Department wants to limit the DOJ’s role in regulating the crypto industry … looking beyond its role in other crimes, fraud, laundering proceeds from narcotics trafficking, things like that, and sort of take a step back from the role of trying to bring order and fairness to the crypto industry as a whole,» Reilly said.
That’s «probably the intent behind the BitMEX pardons too,» she said.
Naftalis said the DOJ will continue to pursue drug, terrorism or other illicit financing charges even under the memo.
«I think that the headline for the industry is to the extent that there are legal uses of crypto, they’re not going to set the guard rail by criminal enforcement,» he said. «That’s for Congress.»
One section of the memo tells prosecutors not to charge Bank Secrecy Act violations, unregistered securities offering violations, unregistered broker-dealer violations or other Commodity Exchange Act registration violations «unless there is evidence that the defendant knew of the licensing or registration requirement at issue and violated such a requirement willfully.»
Carla Reyes, an Associate Professor of Law at SMU Dedman School of Law, told CoinDesk that this may be referencing recent cases where developers build tools under the impression that they were not committing unlicensed money transmitting activities under existing guidance but may get charged anyway.
«Most criminal statutes require some level of knowledge to define your intention, and knowledge that you’re committing a crime when you do it,» she said. «The further away you get from that, the lesser the charge, but the more willful [and] intentional it is, the higher the charge.»
What the memo seems to want to explicitly move away from is any suggestion that federal prosecutors would interpret how securities or commodities laws might apply to digital assets.
«Prosecutors should not charge violations of the Securities Act of 1933, the Securities Exchange Act of 1934, the Commodity Exchange Act, or the regulations promulgated pursuant to these Acts, in cases where (a) the charge would require the Justice Department to litigate whether a digital asset is a ‘security’ or ‘commodity,’ and (b) there is an adequate alternative criminal charge available, such as mail or wire fraud,» the memo said.
A popular critique leveled against former SEC Chair Gary Gensler by the crypto industry was that he was «regulating by enforcement,» rather than focusing on developing guidance for the industry to know what was or wasn’t acceptable. Blanche seems to be referring to a similar critique in the memo, Naftalis said, in that one-off enforcement decisions by the SEC or DOJ should not define the guardrails for the industry.
Steve Segal, a shareholder at Buchalter, said that some of the DOJ’s past cases would charge trading venues for failing to police their own customers. The memo now seems to suggest that if a crypto exchange’s executives were running a clean platform, and customers were laundering funds derived from criminal activities, the executives would not be charged. This is in contrast with, for example, FTX, where the executives were charged and convicted of (or pled guilty to) fraud charges.
«Of course, a lot of the big crypto cases we’ve seen over the last few years are sort of pure investor fraud, things like FTX. And one of the more interesting things about this memo is it talks about crypto investors and really prioritizing cases where crypto investors are being victimized,» Reilly said. «And so I don’t think we should conclude that this memo means we’re going to see a lot fewer cases in the crypto space, or that crypto companies can sort of breathe a sigh of relief that the DOJ is out of the picture for a few years.»
The DOJ’s future cases may appear a bit different in terms of the specific allegations made, but «it’s much too soon to say that everybody can assume the DOJ is out of the crypto business,» she said.
Many of the attorneys speaking to CoinDesk agreed that the memo itself did not clarify all of the different issues that may come up with a criminal case, nor was it an end-all/be-all document.
The memo announced prosecutorial discretion but it isn’t itself a law, Reyes said, adding that it may guide internal decision-making about which cases to pursue the most heavily, as well as the strategies that guide those prosecutions.
A lot of details about how this memo ties together with Trump’s executive order on the strategic bitcoin reserve still need to be spelled out, Segal said. Sections on victim compensation and how seized funds should be handled in the memo do not explain how the DOJ might handle situations where seized funds are turned over to bankruptcy estates, such as what happened with FTX or other similar scenarios.
«I think we’ll really have to see how it plays out, because this guidance, I do think, leaves prosecutors a lot of room to bring cases even of these kinds of violations that are being cast as more regulatory,» Reilly said. «So even if that’s the intent, I think the devil is in the details on what cases we see going forward.»
Stories you may have missed
- U.S. Crypto Lobbyists Flooding the Zone, But Are There Too Many?: Jesse Hamilton took a look at the number of Washington, D.C.-based crypto lobbyist groups now active.
- Feds Mistakenly Order Estonian HashFlare Fraudsters to Self-Deport Ahead of Sentencing: Ivan Turogin and Sergei Potapenko, who were extradited from Estonia to the U.S. on charges tied to the HashFlare Ponzi scheme, await sentencing after pleading guilty to one conspiracy charge each earlier this year. Though they’re under a court order to not travel before their sentencing, they received an email from the Department of Homeland Security telling them to self-deport, seemingly by mistake.
- Kraken Sheds ‘Hundreds’ of Jobs to Streamline Business Ahead of IPO, Sources Say: Kraken cut 400 roles last October, which at the time was about 15% of its workforce. It’s since continued shedding jobs, Ian Allison reports.
- Republican States Pause Lawsuit Against SEC Over Crypto Authority: A group of Republican Attorneys General have filed to pause a lawsuit against the Securities and Exchange Commission alleging its crypto enforcement actions intruded into state regulators’ remits.
- Crypto Casino Founder Richard Kim Arrested After Gambling Away Investor Funds: Zero Edge founder Richard Kim was arrested this week on wire and securities fraud charges after allegedly losing «nearly all» of the $7 million he raised from his investors. Kim told CoinDesk last year that he had gambled over $3.6 million of his investors’ funds away.
This week
Monday
- The Securities and Exchange Commission and Binance were set to file a joint status report on their discussions after a judge paused the regulator’s case against the exchange and its affiliated entities and executives in February. Last Friday, the parties asked for an extension of this deadline, and the judge overseeing the case signed off on Monday, giving the parties until mid-June to file a follow-up.
Elsewhere:
- (The Wall Street Journal) Binance executives met with U.S. Treasury Department officials in March about potentially «loosening U.S. government oversight» of the exchange following Binance’s November 2023 guilty plea, the Journal reported. Binance agreed to a court-appointed monitor as part of the plea. At the same time as last month’s discussions, Binance was in talks with the Trump-backed World Liberty Financial to develop a dollar-pegged stablecoin.
- (Fortune) Fortune spoke to and profiled Bo Hines, the executive director of U.S. President Donald Trump’s digital assets advisory council.
- (CNBC) U.S. importers are seeing more «canceled sailings» due to a drop in demand as a result of tariffs, CNBC reports.
- (The Verge) ICERAID claims to be a protocol on Solana where people can crowdsource images of «criminal illegal alien activity» in exchange for tokens, but it does not appear to have any connection to Immigration and Customs Enforcement (ICE), The Verge reports.
- (NPR) The Department of Homeland Security is revoking parole for a number of migrants, telling them to self-deport from the U.S. U.S. citizens, born within the U.S., are also receiving these emails.
- (The New York Times) Acting IRS Commissioner Gary Shapley has been replaced after just three days on the job, after Treasury Secretary Scott Bessent reportedly complained to President Donald Trump that he was not consulted on Shapley’s promotion, which was pushed by Elon Musk.
If you’ve got thoughts or questions on what I should discuss next week or any other feedback you’d like to share, feel free to email me at nik@coindesk.com or find me on Bluesky @nikhileshde.bsky.social.
You can also join the group conversation on Telegram.
See ya’ll next week!
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