Quick Facts
- The SEC launched 33 crypto-related lawsuits in 2023, down from 47 in 2022.
SEC’s Crypto Enforcement Activity Plummets by 30% Under Gary Gensler’s Leadership
As the crypto market continues to grapple with bearish conditions, the US Securities and Exchange Commission (SEC) has quietly reduced its legal action against digital assets by 30% in 2023, compared to the previous year. The decline in lawsuits is a significant shift in the SEC’s enforcement strategy under the leadership of outgoing Chairman Gary Gensler. In this article, we’ll explore the implications of this development and what it might mean for the crypto industry in the years to come.
A Breakdown of the SEC’s Crypto Lawsuits
According to Cornerstone Research, the SEC launched 33 crypto-related lawsuits in 2023, down from 47 in 2022. This represents a 30% decrease in the number of legal actions taken against digital asset companies and individuals. While the reduction may seem modest, it’s a notable change in the SEC’s approach under Gensler’s leadership.
Gensler, who stepped down as SEC Chairman in March 2023, has been known for his tough stance on crypto regulation. During his tenure, the SEC targeted numerous companies and individuals involved in initial coin offerings (ICOs), token sales, and other crypto-related activities. The agency’s increased scrutiny led to a surge in crypto-related lawsuits, with many cases focusing on allegations of fraud, deception, and securities violations.
A Shift in Enforcement Strategy?
So, why did the SEC’s crypto lawsuit numbers decline in 2023? There are a few possible explanations:
- Gensler’s departure: As mentioned earlier, Gensler stepped down as SEC Chairman in March 2023. His successor, new SEC Chairman Rohit Chopra, may be taking a different approach to crypto enforcement.
- Regulatory clarity: The SEC has been working on defining its regulatory framework for digital assets. Providing clear guidance on what constitutes a security, token, or commodity could have led to a decrease in lawsuits as companies become more aware of the agency’s expectations.
- Resources and priorities: The SEC might be focusing its resources on more pressing issues, such as addressing market volatility, Ponzi schemes, or other systemic risks in the financial markets. Reducing the number of crypto-related lawsuits could be a sign of this shift in priorities.
- Crypto market conditions: The bear market has likely led to a reduction in crypto-related activities, such as ICOs and token sales. With fewer targets, the SEC may not need to pursue as many legal actions.
Implications for the Crypto Industry
The decline in SEC lawsuits has significant implications for the crypto industry:
- Increased regulatory certainty: As the SEC provides more guidance on its regulatory framework, companies may be able to better plan their activities and make informed decisions about compliance.
- Reduced uncertainty and legal challenges: Fewer lawsuits can reduce the uncertainty and legal challenges faced by crypto companies, enabling them to focus on their businesses and develop new products.
- New avenues for innovation: The SEC’s shift in enforcement strategy could create new opportunities for innovation and growth in the crypto space, as companies explore new ways to comply with regulations and operate safely.
- Increased focus on compliance: The reduction in lawsuits may prompt crypto companies to focus more intently on compliance, leading to increased transparency, accountability, and trust in the industry.


