- Marc Fagel says the SEC has a habit of falling short with new spaces that move quickly.
- The former director expects Congress to step in and regulate the crypto sector.
- Fargel thinks the SEC is for going after unregistered entities.
Former SEC regional director Marc Fagel has criticized the U.S. Securities and Exchange Commission for repeatedly falling short in rapidly evolving sectors. Fagel attributed this persistent issue to the commission’s rigid bureaucratic structure and sluggish processes
In a recent interview with Tony Edward of Thinking Crypto, Fagel detailed the complexities the SEC faces and the agency’s efforts to maintain a sound financial ecosystem in the U.S. Fagel praised the SEC for much of their work, noting that their enforcement actions have been legally sound.
However, the former regional director acknowledged that the SEC’s conflicts with crypto exchanges have been challenging. He anticipates Congressional intervention to regulate that sector of the economy. Otherwise, the SEC may continue to step in and bring enforcement actions. Despite disagreeing with some of the agency’s tactics, Fagel believes their enforcement processes are sound.
Regarding the SEC’s pursuit of unregistered companies with no history of infractions, Fagel explained that registration is a requirement which facilitates disclosure. He asserts that waiting for an entity to commit an infraction before taking action would be a reactive approach that would leave the SEC constantly playing catch-up.
The former director pointed to the behavior of fraudsters as an indicator for the SEC to be proactive. According to him, those fraudsters don’t hold onto stolen funds for long periods. Thus, pursuing them only after a crime has been committed would often leave the agency with nothing to recover.
He further explained that the SEC’s deliberate pace necessitates lengthy investigation processes. Therefore, the commission would prefer to focus on preventing crimes from being committed rather than chasing after fraudsters who may have already spent the stolen funds.
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