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20 sats \ 3 replies \ @Cje95 7 Oct 2024 \ parent \ on: Pro-Crypto Robinhood Exec in Running to Lead SEC If Trump Wins Election news
Chevron being overturned though has in theory, you would have to sue to find out, the idea that it qualifies under Howey. Howey was created way back before there was even a remote dream of things like the internet. Since Congress must give the power to Agencies and Departments there is a clear issue here because Congress never did. At the heart of the matter now for ANY of this is Chevron because that has thrown a hand grenade into almost all legislation since '84.
Again I am saying this is a Congressional issue legislation has to be passed because there is a huge gaping hole here.
On a minor side note with an example....
Also, it should be noted that for the first time we have transparent submitted evidence on behalf of Robinhood ( who I know you don't like why they provided all the evidence to the House Financial Services Committee) that after 2 years of trying to get registered it was SEC Chairman Genslers office who told Robinhood to stop and that "there was no path forward". This isn't productive at all and since the SEC literally regulates Robinhood since it is on the stock market shows that there is an issue. If it is so easy and these companies just have to register like you say and one tries for 2 years before being turned down then how at the same time are they accepting their (Robinhood's) own accounting and legality in general. It doesn't make any since the two things contradict each other.
I am not trying to say Gensler good, SEC good, crypto bad. I am just trying to say that Gensler and the SEC being bad actors doesn't even come close to the level of bad acting in crypto.
You are absolutely correct regarding Chevron being overturned that it completely changes things but all these issues with crypto companies and projects were long before Chevron was overturned so they can't say well we were basing on courts deciding.
Congress should have fixed this issue years ago with new securities laws. Complain all you want about Howey (that's fair) but it's what's on the books.
Chances are when new securities laws do come the next wave of crypto projects will break them anyways and claim lack of "clarity". That's what bad actors do. They don't seek to follow the rules. They seek to steal as much as possible without getting punished for it.
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hese issues with crypto companies and projects were long before Chevron was overturned so they can't say well we were basing on courts deciding.
If the SEC or anyone brings a case now it will fall under the current judicial understanding? Its like if you went to jail for even the smallest amount of pot and were sent to jail for 20 years and then the next month they overturned the ban on pot you still committed the crime.
The courts don't go back and say well you did this years ago and we though X was the standard so X applies its whatever the current understanding is. This is why I say it is a huge hole because I mean it is Chevron has now changed how these types of things will be brought before the courts.
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Agreed but the overturning of Chevron, while it might serve crypto interests well, doesn't justify their behaviour and not following the law for the past decade.
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