SEC Commissioner Peirce, Bitcoin 2022 and more – Cointelegraph Magazine

In life, there are occasions when issues are going properly in your small business affairs however not your private ones. Different instances, the issues you might be doing and having fun with in your private life are nice however your skilled or enterprise issues are struggling. Typically, you additionally don’t understand or perceive that the great instances you might be experiencing is not going to final endlessly and should quickly finish. So, I’ve at all times tried to acknowledge when issues are going properly, savor and mark the second, and thank my fortunate stars for it. The primary week of April was such a time.

Powers On… is a month-to-month opinion column from Marc Powers, who spent a lot of his 40-year authorized profession working with complicated securities-related circumstances in the USA after a stint with the SEC. He’s now an adjunct professor at Florida Worldwide College Faculty of Regulation, the place he teaches a course on “Blockchain & the Regulation.” 

For many who personally know me or are common readers of my month-to-month column, you recognize I’m a securities lawyer who had the privilege of representing shoppers on some superb issues, numerous which had been excessive profile. I began my authorized profession 40 years in the past at the USA Securities and Change Fee in its Enforcement Division. For the ultimate 20 years of my regulation agency profession, I used to be a accomplice at two AMLAW 50 regulation corporations, BakerHostetler and Reed Smith. I moved from Reed Smith to BakerHostetler in 2004 to construct and lead a nationwide securities litigation and SEC protection follow. I led that new follow crew for over 13 years, and I additionally constructed BakerHostetler’s hedge fund business follow starting in 2012. In 2017, I turned my skilled and private focus to the thrilling world of blockchain and crypto.

Since retiring from regulation agency follow in December 2020, I haven’t as soon as regarded again at my choice to shift my focus towards contributing concepts and management to the legal guidelines, rules and different concerns wanted to advertise the feelings of altruism and decentralization that Bitcoin and blockchain enable or encourage. A number of the methods I search to have an effect embody scripting this month-to-month column, accepting a place as an adjunct professor of regulation to show regulation college students about blockchain, and being an early and energetic member of International Digital Finance — a world affiliation of blockchain-based companies, attorneys and former regulators who commonly meet with authorities officers worldwide in an effort to standardize world protocols and rules for blockchain and its monetary functions.





SEC Commissioner Peirce’s Q&A with college students at FIU

Given my background, I skilled one of many highlights of my profession after I had the consideration and pleasure of internet hosting SEC Commissioner Hester Peirce, affectionately generally known as “Crypto Mother,” within the “Blockchain & the Regulation” class I created and train on the Faculty of Regulation at Florida Worldwide College in Miami. The commissioner was type sufficient to just accept my invitation to a hearth chat with me, attended by FIU college and college students and adopted by a Q&A with my regulation faculty college students.

It was fairly a memorable hour, with wide-ranging matters of dialog. Commissioner Peirce was fairly open with us in describing her profession path to the SEC, acknowledging that early in her authorized profession, she had no plan to deal with securities legal guidelines or regulation. However whereas serving because the senior counsel to Senator Richard Shelby — previously the rating member of the Senate Committee on Banking, Housing and City Affairs — she started formulating concepts in regards to the results of regulation and the way the meant results of laws don’t at all times prove as deliberate. She crystallized these concepts in her 2012 ebook, Dodd-Frank: What It Does and Why It’s Flawed.

When requested about her December 2021 public assertion with former Commissioner Elad Roisman criticizing SEC Chair Gary Gensler’s proposed agenda to not focus a lot consideration on regulation adjustments for blockchain expertise development, Commissioner Peirce was unwilling to criticize his present SEC agenda. As a substitute, she acknowledged that the SEC has huge areas of jurisdiction, a few of which Gensler has chosen to emphasise over blockchain. If Peirce had been the SEC’s chair, her priorities would come with updating custody, bookkeeping, settlement and clearing operations at monetary establishments with new technological enhancements that may now accommodate digital belongings. She would additionally focus hearings and proposals on the powers Congress has given the SEC to exempt sure facets of federal securities legal guidelines for digital belongings and transactions from compliance, together with registration and disclosure necessities.

One of many extra fascinating, however not stunning, feedback by the commissioner was associated to crypto exchange-traded funds. On this, she mentioned it was indefensible for the SEC to permit a futures-based ETF however not a spot ETF. Sadly, she is alone in that perception, given the present composition of the fee. However the excellent news is that she confirmed throughout our chat that she intends to totally serve out her present five-year time period, which ends July 2025. So, now we have her as a transparent advocate on the SEC for 3 extra years.





Corridor of Fame alumni and Bitcoin 2022 convention

The interview with Commissioner Peirce occurred in Miami throughout my class on Monday, April 4. From there, I flew to NYC to attend a gala hosted by my regulation faculty alma mater in celebration of its fiftieth anniversary and the inaugural group of Corridor of Fame alumni. That occurred on Tuesday night, April 5, on the Whitney Museum within the metropolis’s Meatpacking District. It was a magical night, as I used to be one of many 75 HOF honorees at Hofstra Regulation Faculty which I affectionately name “the opposite H” regulation faculty. On condition that the varsity has most likely graduated over 15,000 college students all through its historical past, it was an surprising, humbling honor. It was an extremely completely happy second to have my rapid household — my siblings and 91-year-old father — and a few of my former companions from BakerHostetler there to have fun this event with me. I felt proud and content material with my selections in life.





The remainder of the week was no much less memorable, as I attended the Bitcoin 2022 convention again in Miami with 25,000 different attendees. One keynote speaker I very a lot loved was Peter Thiel. I like and admire folks like him who’re prepared to talk their minds. As has been broadly reported, he referred to as out Jamie Dimon of JPMorgan, Warren Buffett of Berkshire Hathaway and Larry Fink of BlackRock as regressive thinkers in terms of Bitcoin. However what I significantly loved was his diss of the environmental, social and governance motion, calling it out as a cabal that calls for groupthink and, in impact, breeds intolerance for something or anybody that doesn’t conform to the “righteous” ideas and ambitions of the motion. He referred to as the motion a “hate manufacturing unit” that likes to “cancel” its detractors and steered that when one considers ESG, they need to consider the Chinese language Communist Occasion. Thiel additionally described BTC because the “canary within the coal mine,” because it was the primary asset to anticipate inflation. Whereas the greenback has devalued as a consequence of inflation over these previous 18 months, Thiel famous that BTC elevated tenfold in value, from $5,000–$6,000 to $60,000.

For these within the viewers contemplating investing in BTC, the “Billionaires Membership” panel provided some good recommendation: You don’t have to have as much as 40% and even 100% of your investable belongings in BTC to get began and make income, simply purchase some quantity and maintain. Cease worrying about each day, weekly and even month-to-month value fluctuations. BTC as an asset was in comparison with shopping for a house. You solely observe the value will increase of your own home perhaps each 5 or 10 years. As a substitute, you deal with value solely after a few years and once you’re able to promote.





One other fascinating panel mentioned the efforts of El Salvador to encourage its residents to undertake BTC, which is now a nationwide forex. Panelist Eric Gravengaard said that the president and legislature’s groundbreaking choice has already had optimistic impacts on the economic system and welfare of the small Central American nation. The yearly GDP development had reportedly been 2% however has now been projected to be 10%. For the reason that formal adoption of BTC final September, there have been over 1 million transactions processed up to now. Additionally, the dialogue famous that a few of the criticism across the gradual tempo of adoption has been unwarranted. Panelist Justin Newton reminded the viewers that El Salvador is a creating nation the place about 75% of the inhabitants had by no means been by a KYC course of earlier than (which is required to acquire a pockets) as a result of they by no means had financial institution accounts earlier than.

Different fascinating feedback by convention audio system included these from Cathie Wooden, a widely known ETF supervisor closely targeted on expertise and innovation. Wooden noticed the “politics round Bitcoin” altering radically in a extra optimistic approach. Michael Saylor of MicroStrategy said that he noticed President Joe Biden’s March govt order relating to blockchain as “giving the inexperienced gentle to Bitcoin,” which Saylor now describes as a “risk-off” funding. I agree.

Total, it was a fairly unimaginable week for me — one I can’t overlook any time quickly.


Marc Powers is at present an adjunct professor at Florida Worldwide College Faculty of Regulation, the place he’s educating “Blockchain & the Regulation” and “Fintech Regulation.” He lately retired from training at an Am Regulation 100 regulation agency, the place he constructed each its nationwide securities litigation and regulatory enforcement follow crew and its hedge fund business follow. Marc began his authorized profession within the SEC’s Enforcement Division. Throughout his 40 years in regulation, he was concerned in representations together with the Bernie Madoff Ponzi scheme, a current presidential pardon and the Martha Stewart insider buying and selling trial.

The opinions expressed are the creator’s alone and don’t essentially replicate the views of Cointelegraph nor Florida Worldwide College Faculty of Regulation or its associates. This text is for common data functions and isn’t meant to be and shouldn’t be taken as authorized or funding recommendation.






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