During 2022, the Securities and Exchange Commission (“SEC”) and the Commodities Futures Trading Commission (“CFTC”) have battled for supremacy in the regulation of digital assets, and the United States Department of Justice has become increasingly active.
In this CLE, we will take you through the latest SEC and CFTC enforcement activity, the criticism by the crypto industry that United States regulators have “regulated by enforcement” rather than by any clear pre-existing rules, and the effect of the extended Crypto Winter on future regulation of digital assets. We will also look at the United States’ Department of Justice’s increasing activity in the crypto arena.