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Coinbase Settles FOIA Fight With the SEC Over Gensler’s Vanished Texts

Coinbase has settled its Freedom of Information Act lawsuit against the Securities and Exchange Commission, closing a years-long fight that came to rest on a batch of text messages the agency admits it destroyed. 

Chief legal officer Paul Grewal disclosed the deal in a Wall Street Journal op-ed on Wednesday.

Under the terms, Grewal wrote, the SEC will pay $150,000 and repair its record-retention policies. 

The story behind the settlement is what gives it weight. Coinbase filed FOIA requests in 2023 for records that might show how the SEC decided to treat crypto as securities, the same question at the center of the enforcement suit the agency brought against the company that June. 

Rather than hand over the files, the SEC denied the requests, and the case dragged into court.

The SEC’s own inspector general found that close to a year of former Chair Gary Gensler’s text messages, from October 2022 to September 2023, had been wiped after the agency reset his phone before a backup was made. 

That window covered the collapse of FTX and the agency’s hardest push against crypto exchanges. The watchdog found that 38% of the recovered texts touched agency business, including a May 2023 exchange on the timing of enforcement against trading platforms.

SEC should play by the same rules: Coinbase

Grewal built his case on a point that needs no legal training to feel. Under Gensler, the SEC had levied more than $1 billion in fines on financial firms for losing employee messages, and had said “everybody should play by the same rules.” 

Yet it lost its own chair’s texts during the most consequential stretch in crypto’s short history. “The Gensler SEC destroyed documents they were required to preserve and produce,” Grewal wrote when the report landed. “We now have proof from the SEC’s own Inspector General.”

For Coinbase, the value was never the documents alone. The company had cast its transparency suits, including a challenge to the SEC and FDIC over pressure on crypto’s banking access, as proof that regulators leaned on the industry without clear rules. The SEC’s own case against Coinbase fell away in early 2025 under a new administration and a new chair.

The settlement doubles as a personal coda. Grewal, the lawyer who steered Coinbase through years of combat with the SEC, plans to leave the company at the end of July. 

He closes this chapter with a small check, a promise of better filing habits, and a story the industry will carry for a long time: that the recordkeeping enforcer could not keep its own records.

This post Coinbase Settles FOIA Fight With the SEC Over Gensler’s Vanished Texts first appeared on Bitcoin Magazine and is written by Micah Zimmerman.

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Strategy (MSTR) Raises $467 Million in Cash, Leaves Stash of 843,775 Bitcoin Untouched

Strategy (MSTR) sold about $466.7 million worth of its stock last week and put the proceeds toward cash rather than bitcoin, according to an 8-K filing with the Securities and Exchange Commission on Monday. The move lifted the company’s U.S. dollar reserve to $3 billion and marked another week without a purchase from the largest corporate holder of bitcoin.

Between July 6 and July 12, the Michael Saylor–led firm sold 4,818,781 Class A common shares through its at-the-market equity program. It issued no preferred stock under its other ATM facilities during the period. 

The company said the fresh cash pushed its dollar reserve up by some $450 million, and that it holds the reserve to cover dividend payments on its preferred stock and interest payments on its outstanding debt.

Strategy neither bought nor sold bitcoin over the week. Its holdings stand at 843,775 BTC, a position the company acquired for an aggregate price of about $63.69 billion including fees and expenses, at an average of $75,476 per coin. 

At current prices near $63,000, that stack is worth about $53 billion, which leaves the firm with roughly $10.7 billion in paper losses. The holdings equal around 4% of bitcoin’s 21 million supply cap.

Markets read the filing without much enthusiasm. MSTR fell close to 3% in premarket trading on Monday, extending a slide that has erased 38% of the stock’s value since the start of the year. Bitcoin dropped through the weekend to trade around $62,500, a decline that pulled the so-called bitcoin proxy lower with it.

A shift in Saylor’s posture

For most of Strategy’s history, the pattern ran one direction: raise capital, buy bitcoin, repeat. This year has broken that rhythm. The company has leaned on a wider capital structure, and its recent disclosures show cash building rather than coins.

The clearest break came on July 5, when Strategy sold 3,588 BTC for $216 million — the largest bitcoin sale in its history. The disposal followed a Sunday post from Saylor on X, part of a weekly ritual that market watchers treat as a signal. 

In the past, captions such as “A good time to add more dots” and “Looks better with more dots” landed ahead of purchase announcements. The tone has turned harder to read. A June 28 message reading “We’re gonna need more charts” preceded a new capital framework instead of a buy, and Sunday’s post, captioned “Orange dots tell only part of the story,” arrived before a filing that showed no purchase at all.

The building block behind the change is STRC, a preferred instrument that expanded the company’s capital structure and created new obligations to service. That structure is what makes the cash reserve matter. Dividend and interest commitments now form a fixed cost that 

Strategy must meet whether bitcoin rises or falls, and the dollar reserve exists to keep those payments funded.

How much runway does Strategy have?

For now, the near-term picture looks manageable. A $3 billion reserve gives Strategy a cushion against its dividend and interest commitments, and Monday’s filing shows the company can raise cash without touching its bitcoin. 

Selling stock dilutes shareholders but leaves the treasury whole; selling coins does the opposite. This week, Strategy chose the first path.

The open question is what happens if the choice starts to narrow. As long as the equity market absorbs new share sales at prices the company finds workable, the ATM program can fund its obligations. A sustained slide in MSTR, or a longer bitcoin downturn, would tighten that math and could turn optional sales into forced ones.

The firm’s paper losses give the shift its weight. Strategy sits on about $10.7 billion in unrealized losses, and its stock has surrendered 38% this year. Against that backdrop, the pivot from buyer to cash-builder reads less as a retreat than as a company managing a capital structure that now carries fixed costs of its own.

Bitcoin traded flat near $62,500 in the hours after the disclosure.

This post Strategy (MSTR) Raises $467 Million in Cash, Leaves Stash of 843,775 Bitcoin Untouched first appeared on Bitcoin Magazine and is written by Micah Zimmerman.

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Circle (CRCL) Wins Final OCC Approval for National Trust Bank

Circle Internet Group secured final approval from the U.S. Office of the Comptroller of the Currency today, to establish a national trust bank, a milestone that sent the stablecoin issuer’s shares higher and deepened its ties to the federal banking system.

The regulator cleared Circle to charter First National Digital Currency Bank, N.A., which will operate under the name Circle National Trust. 

The company, which trades on the New York Stock Exchange under the ticker CRCL, said the charter places the new entity under direct federal oversight by the OCC, the primary supervisor for national banks and national trust banks.

Circle National Trust will provide fiduciary custody services for digital assets held by Circle and its affiliates. Under the business plan the OCC approved, the bank could extend custody services to a limited set of institutional customers, with a focus on banks and regulated derivatives organizations. 

The charter opens a path for the bank to manage the reserve backing USDC, the largest regulated stablecoin, which would bring that multibillion-dollar pool under federal supervision.

National trust banks differ from traditional lenders. They safeguard client assets and provide fiduciary services, and they do not take deposits or issue loans. The structure aligns its digital-asset infrastructure with a long-standing model for holding client assets under strict fiduciary standards.

“OCC approval to establish Circle National Trust marks a defining step in bringing blockchain technology and digital assets into the core of the U.S. financial system,” said Jeremy Allaire, co-founder, chairman, and chief executive of Circle. He said federal oversight of the trust bank “sets a new standard for transparency, governance, and scale” and unlocks a phase of adoption in which large financial institutions can build on public blockchains with confidence.

Investors welcomed the decision. CRCL shares climbed as much as 14% on the day of the announcement, a rebound from a three-month low. Other crypto-linked names, including Coinbase and Strategy, posted gains near 5% this morning as bitcoin bounced.

CRCL shares have since settled to 5% gains.

Circle’s federal framework

The approval caps a process that began when Circle filed its application on June 30, 2025. The OCC granted conditional approval in December 2025, alongside peers such as Ripple, BitGo, Fidelity Digital Assets, and Paxos. 

The final decision arrives as the GENIUS Act, the federal stablecoin law enacted in July 2025, moves toward full implementation in early 2027. 

That statute requires OCC supervision of large stablecoin issuers, and the trust charter positions Circle to meet the mandate while bringing USDC reserves into a federal framework.

Circle has built a record of regulatory engagement across markets. It received a BitLicense from New York in 2015, became the first global stablecoin issuer to comply with the European Union’s Markets in Crypto-Assets framework in 2024, and holds licenses in the United Kingdom, Singapore, Bermuda, and Abu Dhabi.

The charter strengthens USDC’s role as regulated digital-dollar infrastructure for payments, settlement, and capital markets, Circle said.

This post Circle (CRCL) Wins Final OCC Approval for National Trust Bank first appeared on Bitcoin Magazine and is written by Micah Zimmerman.

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CFTC Chair Says Clarity Act Is ‘So Close’ As August Deadline Nears

Commodity Futures Trading Commission Chairman Michael Selig said the Clarity Act remains within reach, days after Congress missed its July 4 target to pass the crypto market-structure bill. “We’re so close. We have to get this done,” Selig told Fox Business host Maria Bartiromo. 

Some analysts give the measure even odds of passage before the August 7 recess.

The bill would divide oversight of digital assets between the CFTC and the Securities and Exchange Commission, a split the industry has sought for years. The House passed the legislation last summer. The Senate has yet to hold a floor vote.

Selig, a Trump appointee confirmed in December, backed the Clarity Act effort as a matter of national competitiveness. He backed the effort as a matter of national competitiveness. 

“It’s critical that we have a federal standard for crypto assets,” he said, pointing to a patchwork of state laws that, in his account, has hurt U.S. business. He described the goal as certainty, clarity, and consumer protection, and called the measure bipartisan. “We have to get it across the line,” he said.

Asked about the holdup, Selig pointed to scope. Democrats have pressed for ethics language addressing President Trump, his family, and their crypto ventures, a demand he characterized as a distraction. 

“There’s a little bit of creep into ethics and other issues, and they’re just derailing the real opportunity to have a bipartisan bill,” he said. 

Democrats have framed the Clarity Act provisions as consumer protection. The bill has also drawn disputes over illicit-finance rules and over a reopened piece of the GENIUS Act, the stablecoin law, that concerns whether exchanges may pay yield on stablecoin balances.

Senator Cynthia Lummis, who leads the Senate Banking Committee’s digital assets subcommittee, has said negotiators aim to release bill text and hold a vote this month.

The committee advanced the measure in a 15-9 vote, with two Democrats joining Republicans. Lawmakers have warned that a failure to act before the recess could delay the next opening for years.

Selig on prediction markets, Iran beyond Clarity Act

Bartiromo also asked Selig about prediction markets, where Kalshi and Polymarket processed a combined $24 billion in volume over the past year.

Selig said the CFTC has proposed rules for the sector and has sued nine states in a fight over jurisdiction. On markets during the U.S. strikes on Iran near the Strait of Hormuz, he said crypto held its ground and served as a hedge, while the agency worked to keep oil and derivatives markets orderly.

For now, the Clarity Act’s fate rests on released text, a Senate vote, and a calendar that leaves a few weeks before the August recess.

This post CFTC Chair Says Clarity Act Is ‘So Close’ As August Deadline Nears first appeared on Bitcoin Magazine and is written by Micah Zimmerman.

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Schwab Strategist Backs Strategy’s STRC Playbook Amid Bitcoin Weakness

Strategy remains under pressure as Bitcoin hovers near $60,000, but recent capital moves have bought the company time, according to Jim Ferraioli, director of crypto research and strategy at the Schwab Center for Financial Research.

Speaking on Morning Trade Live at the New York Stock Exchange, Ferraioli said the firm led by Michael Saylor faces scrutiny while the price of Bitcoin sits 50% below its peak. Strategy, the largest corporate holder of Bitcoin, has funded much of its buying through preferred equity, including its variable-rate Stretch preferred stock, known as STRC.

That product fell near $70 from its $100 par value before a rebound. To defend the peg, Strategy raised the STRC dividend to 12% and authorized $2 billion in buybacks while unlocking further Bitcoin sales. The stock has since started climbing back toward par. 

“The market is supportive of these actions,” Ferraioli said, describing the response as a check on fears of cascading liquidations.

The shift marks a change in tone for a company known for a “never sell” stance. 

“We went from never sell Bitcoin to strategically sell Bitcoin,” Ferraioli said, acknowledging fair criticism. He cautioned that a lower multiple could limit Strategy’s capacity to issue shares and buy more Bitcoin in the second half of the year. 

Schwab’s perspective on Bitcoin’s slump

Ferraioli weighed in on a market bump that followed comments from President Trump, who signaled openness to holding Bitcoin in the new Trump Accounts savings program. 

Ferraioli read the move as a sign of one more potential class of buyer, alongside mainstream investors who entered through spot ETFs. 

“The crypto market loves narratives,” he said, calling the asset momentum-driven.

On correlations, Ferraioli described Bitcoin as a low-correlation asset, a trait he traced to the four-year halving that cuts new supply. Past ties to tech stocks have broken down, and a historic inverse relationship with the dollar has wavered; Bitcoin has rallied during periods of dollar strength this year. 

“Starting points matter,” he said, noting that Bitcoin rose during the Iran conflict as the dollar gained.

He addressed the dollar-yen rate, which trades near 40-year lows. A stronger yen could unwind the carry trade, in which investors sell the yen to buy growth assets. Ferraioli framed a yen rebound as a possible headwind for risk assets, though not a primary near-term risk for Bitcoin.

On the debasement trade, Ferraioli pushed back on the idea that last year’s gold rally, set against a halving of Bitcoin’s market cap, disproved the store-of-value case. 

He attributed the gold move to supply constraints and momentum rather than fiscal fear. The federal budget deficit has narrowed from 8-9% of GDP to 5%, near the median across Bitcoin’s life.

“It’s not an endorsement of the fiscal health,” he said, “but it helps put that narrative in check.”

This post Schwab Strategist Backs Strategy’s STRC Playbook Amid Bitcoin Weakness first appeared on Bitcoin Magazine and is written by Micah Zimmerman.

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Kraken Seeks Final Judgment After $22 Million Award Against Former Auditor

Payward, the parent company of the cryptocurrency exchange Kraken, has asked the Delaware Court of Chancery to enter a final judgment against its former auditor, Mazars USA, after an arbitrator awarded the firm $22 million. 

The exchange disclosed the request on July 7 through an open letter from co-CEO Arjun Sethi and a series of posts from co-CEO Dave Ripley.

The dispute traces to December 2023, when Mazars withdrew from Kraken’s 2022 audit days before its completion. Mazars had audited Kraken for three prior years and issued two clean opinions, according to the company. 

In writing, Sethi said, the auditor confirmed it had no disagreement with management, no concerns about the firm’s integrity, and no findings of fraud.

Mazars attributed its resignation to legal developments, among them a complaint the Securities and Exchange Commission had filed against Kraken weeks before.

That SEC complaint was dismissed with prejudice, with no penalties and no admission of wrongdoing. Kraken said the abandoned audit cost it years and millions of dollars in legal fees to secure new auditors and reassure banks, regulators, and counterparties. The exchange said it has received a clean audit in each year that followed.

The letters come as Kraken pursues a full European banking license, reportedly through Lithuania, a move that would allow the company to offer traditional banking services across the European Economic Area and potentially become the first cryptocurrency exchange to secure a full European bank license, according to CoinDesk reporting. 

The effort is part of Kraken’s broader regulatory strategy as it expands beyond crypto into mainstream financial services, building on milestones including U.S. Federal Reserve payment access and authorization in the UAE.

Operation Chokepoint 2.0

Sethi placed the episode within what critics call Operation Chokepoint 2.0, a term for what they describe as a coordinated effort by regulators to cut lawful crypto firms off from banking and other services. In December 2022, a year before quitting the Kraken audit, Mazars Group halted proof-of-reserves work for the crypto sector and removed those reports from its website.

The letter cited a chain of actions from 2022 and 2023. On January 3, 2023, the Federal Reserve, FDIC, and OCC issued a joint statement warning that crypto business models raised safety and soundness concerns for banks. 

Documents released after a Freedom of Information Act lawsuit showed the FDIC sent at least 25 letters to two dozen banks urging them to pause or refrain from expanding crypto activity. The SEC’s SAB 121 accounting guidance required public companies holding crypto to record those assets on their balance sheets, a step that made custody uneconomical for banks. 

The Federal Reserve denied a master account to Custodia, a Wyoming bank built for digital assets. And in March 2023, the payment networks run by Silvergate and Signature shut down within days of each other.

As the debanking era ends, Kraken demands rules 

Much of that framework has come undone. The SEC rescinded SAB 121, the banking regulators withdrew the joint statement, and a House committee report concluded that regulators used vague rules and informal pressure to push banks away from lawful digital asset firms. 

Sethi also recounted the experience of Kraken founder Jesse Powell, who started the exchange in 2011. In March 2023, federal agents raided Powell’s home and seized his devices in connection with a dispute involving a nonprofit unrelated to Kraken. 

After two years, the government closed the investigation, returned the devices, and brought no charges. Powell handed the chief executive role to Ripley, and Sethi joined Ripley in leading the company.

The letter closed with a call for Congress to pass the CLARITY Act, which would establish market-structure rules for digital assets, dividing oversight between the Commodity Futures Trading Commission and the SEC and adding protections for software developers. 

The House passed the bill in July 2025 by a vote of 294 to 134, with 78 Democrats in support, and the Senate Banking Committee advanced its version in May. 

Sethi contrasted the U.S. timeline with the European Union, where the MiCA framework took effect across member states.

This post Kraken Seeks Final Judgment After $22 Million Award Against Former Auditor first appeared on Bitcoin Magazine and is written by Micah Zimmerman.

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Preferred Stock Is Becoming Bitcoin Treasury Firms’ Financing Tool of Choice: Report

A new class of Wall Street securities has grown from an experiment into a multibillion-dollar market in under two years, and a June 2026 research report from BitcoinTreasuries.net argues the expansion has just begun.

The report, produced in partnership with the DeFi protocol Apyx, tracks the rise of preferred shares issued by public companies and backed by their bitcoin holdings. Such shares now carry a combined market value of about $13 billion. That figure represents close to 1% of the $1.3 trillion global preferred market, a share the report’s authors expect to reach 3 to 5% by 2030 and as much as 10%, or $130 billion, beyond that horizon.

The instrument sits at the center of a financing puzzle facing companies that hold bitcoin as a treasury asset. Firms such as Strategy, led by Michael Saylor, want long-duration capital to buy more bitcoin without diluting common shareholders or taking on debt that must be repaid at a fixed date. Bitcoin’s price swings make that balance difficult. 

Bitcoin traded near $124,720 in October 2025, then fell to below $60,000s by mid-June 2026, a drawdown of about 47% in eight months.

Preferred shares offer a path around the problem. When a company issues them, its common share count does not rise, so existing owners avoid dilution. The shares are classified as equity rather than debt, which means no maturity date and no forced repayment. In exchange, holders receive a dividend that ranks ahead of common stock.

 For income investors shut out of bitcoin’s upside, the structure converts the token’s volatility into a yield product.

Preferred shares are pushing Bitcoin expansion

Those yields dwarf what fixed-income markets pay. The five main bitcoin-backed preferred securities in the U.S. carry effective yields between 10.8% and 15.2%, against the 3 to 4%offered on high-yield savings accounts. 

Strategy’s lineup accounts for most of the market: STRF, STRC, STRK and STRD together hold a market value near $12.5 billion. Strive, an asset manager turned bitcoin treasury company, issued a fifth security, SATA, with a market value around $330 million.

The report’s central claim is that demand outstrips supply. Fixed-income institutions such as mutual funds, banks, pensions and insurers hold $10.9 trillion in U.S. treasuries. A shift of 10 to 20 basis points from that pool would generate $10.9 billion to $21.8 billion in demand, enough to validate the near-term market projection on its own. 

Supply, though, is capped by the amount of bitcoin available as collateral. Of the 20 million bitcoins in circulation, holdings in exchanges, spot ETFs and mining firms are excluded as customer assets or operating reserves. 

That leaves the 1.26 million bitcoins held in corporate treasuries, worth about $83 billion. Strategy alone controls some 845,000 of them, or 67%.

Collateral coverage is the feature the report leans on to make the case for safety. Bitcoin-backed preferreds maintain coverage ratios of 3.8 to 4.5 times, meaning issuers hold $3.80 to $4.50 in bitcoin for every $1 of preferred equity.

 By comparison, the median large-bank mortgage in the third quarter of 2025 advanced 76 cents against every dollar of home value. “The security of these instruments is significantly higher than 95% of the bonds in the market,” Jeff Walton, chief risk officer at Strive, said in the report, “because they’re actually backed by capital, not future cash flows.”

Not every firm qualifies to issue. Walton set out requirements: a clean balance sheet free of senior secured debt, scale to support an issuance of $100 million or more, and a team versed in tax treatment, covenant design and dividend policy. 

Encumbered bitcoin, he said, ranks ahead of preferred equity and would block most deals. Strive itself used a $225 million SATA offering in January to retire debt inherited from its acquisition of Semler Scientific, a move that left all of its bitcoin unencumbered.

The risks are structural rather than hidden. Strategy’s common stock, MSTR, acts as a volatility amplifier, and it has fallen more than bitcoin over the past year. “When bitcoin’s price declines, Strategy’s will dip more,” said Tony Lau, an investment partner at Primitive Ventures, who described a possible cascade in the stock. 

Three of the four Strategy preferreds trade at discounts to their $100 par value. The dividends themselves depend on a company’s ability to keep raising capital against a rising bitcoin price, though both Strategy and Strive have disclosed cash reserves sufficient to cover at least twelve months of payments.

Strategy CEO Phong Le told investors in February that the firm’s balance sheet holds unless bitcoin falls to $8,000 and stays there for five or six years.

For now, the report frames preferred equity as an instrument in its “0 to 1 moment” — a market where appetite exceeds what issuers can produce, and where the gap favors the companies willing to build the product.

This post Preferred Stock Is Becoming Bitcoin Treasury Firms’ Financing Tool of Choice: Report first appeared on Bitcoin Magazine and is written by Micah Zimmerman.

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Trump-Backed American Bitcoin (ABTC) Sets Reverse Split for July 2

American Bitcoin Corp. (Nasdaq: ABTC), a Bitcoin accumulation platform focused on the buildout of America’s Bitcoin infrastructure backbone, has set the effective time of its 1-for-15 reverse stock split for 5:00 p.m. on July 2, 2026. 

The board fixed the ratio after shareholders granted their approval at the company’s 2026 annual meeting on June 22.

The common stock will begin trade on a reverse split-adjusted basis on The Nasdaq Capital Market under the same symbol, ABTC, at the market open on July 6.

What this means is that every 15 issued and outstanding shares of Class A common stock will reclassify into one share of Class A common stock, and every 15 issued and outstanding shares of Class B common stock will reclassify into one share of Class B common stock, each subject to adjustment for fractional shares.

The company has no Class C common stock outstanding. The step reduces the share count from 1,092,295,800 shares — 360,070,897 of Class A, 732,224,903 of Class B, and no Class C — to close to 73 million shares, a figure that comprises some 24 million shares of Class A, some 49 million shares of Class B, and no Class C. 

The reverse split leaves the number of authorized shares and the par value of each class unchanged, according to the company.

Participation at the June 22 meeting reached a high level, with close to 93.56% of voting shares represented, the company said.

Two other measures passed at the same session: Asher Genoot joined the board as a Class I director, and KPMG LLP gained ratification as the company’s auditor for the fiscal year that ends December 31, 2026.

American Bitcoin’s background

American Bitcoin traces its roots to American Data Centers, the venture rebranded in March 2025 when Eric Trump and Donald Trump Jr. joined mining infrastructure firm Hut 8 to launch the company. 

Hut 8 contributed mining assets for an eighty percent stake, while the Trump family and American Data Centers shareholders held the rest. Eric Trump serves as co-founder and chief strategy officer.

Rather than pursue a traditional IPO, the company merged with Gryphon Digital Mining and used its Nasdaq listing as a vehicle. 

American Bitcoin began trading in September 2025 as a pure-play miner and Bitcoin treasury platform. The reserve has since climbed past 6,000 BTC, though the shares have seen sharp swings amid crypto volatility.

This post Trump-Backed American Bitcoin (ABTC) Sets Reverse Split for July 2 first appeared on Bitcoin Magazine and is written by Micah Zimmerman.

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SEC’s Peirce Sees Clarity Act Passing This Summer as Crypto Rules Take Shape

America’s top securities regulators marked the nation’s 250th anniversary with a common theme: open markets, broader investor access, and a clear legal framework for digital assets.

SEC Commissioner Hester Peirce, in an interview on the Searching for Mana podcast, said she expects the Clarity Act to pass this summer. The bill has cleared the House and awaits Senate action. Peirce, a veteran of the Senate Banking Committee during the financial crisis, called it a large piece of legislation with many moving parts, and she praised the work of members in both chambers.

The Clarity Act would divide oversight of crypto between the SEC and the Commodity Futures Trading Commission and build a federal structure for spot markets, a structure that does not exist at present. 

Peirce said the framework would clarify the application of the Howey Test — the standard for when a token counts as part of an investment contract — and would shield developers from liability when others misuse their tools.

Peirce argued that past enforcement pushed the industry onto a poor path. The old approach, she said, rewarded builders of throwaway projects and made honest actors hard to tell apart from fraudsters. Her hope for the current window is a shift toward products that meet real human needs.

“This is a rare window where you have a lot of regulatory goodwill,” Pierce said. “Use that to build things that last, things that matter.”

She tied the technology’s promise to the transfer of value across networks, the removal of costly intermediaries, and the use of smart contracts to automate back-office work. 

Tokenized securities, she said, could improve collateral mobility, ease securities lending, and let issuers reach shareholders through their wallets. She also linked crypto to artificial intelligence, and predicted that AI agents will transact with crypto assets.

On AI regulation, Peirce favored a hands-off stance: allow experimentation, and address harms as they surface rather than shape the technology from the start. She noted that a firm’s use of AI does not excuse the firm from responsibility for the outcome.

Peirce, whose term nears its end, will leave the agency for a law school teaching post. She flagged a rise in scams and a gap in financial education as her chief concerns, and urged investors toward skepticism.

SEC Chair Paul Atkins chimes in

The SEC’s chairman, Paul Atkins, struck similar notes in a Fox News interview with Larry Kudlow after an address to the Economic Club of New York. 

Atkins cast himself as an advocate of free-market capitalism and pointed to a series of reforms aimed at drawing more Americans into public markets and easing the path to an IPO.

“America was an investment before it was a nation,” Atkins said.

Atkins highlighted the Trump Accounts, set to launch on July 4th, as an expression of American capitalism and long-term saving. He said about 6 million children have enrolled, and that children born in the next two years will receive a $1,000 deposit, with room for matches from employers, parents, and friends. 

The accounts, he said, function as a version of a traditional IRA and give a stake in the market to children who might lack exposure to it at home.

“America was an investment before it was a nation,” Atkins told Kudlow, citing the European companies that financed voyages across the Atlantic, including the settlement that became New York.

On crypto, Atkins said the president had challenged the agency to make the United States the crypto capital of the world. He faulted the prior administration for treating digital assets as suspect by nature, and pledged a reversal that would bring innovators who left the country back to build under American law, for American investors, who could judge the products for themselves.

Both officials framed their agenda against the backdrop of the July 4th holiday and the anniversary of the founding. Peirce called the market system a powerful force for social good and a check on capital allocation by the government. 

Atkins offered a shorter version of the same creed: free-market capitalism, in his words, will win.

This post SEC’s Peirce Sees Clarity Act Passing This Summer as Crypto Rules Take Shape first appeared on Bitcoin Magazine and is written by Micah Zimmerman.