News

May 23, 2023

The Chamber of Commerce Enters the Crypto Debate

Its brief in the Coinbase lawsuit surprises many

Ric Edelman: It's Tuesday, May 23rd. The US Chamber of Commerce, one of the most influential business organizations in the country, has now blasted the SEC over how the agency is dealing with crypto. The Chamber of Commerce has announced its support to Coinbase, which is suing the SEC to get the agency to issue rules that are clarifying what crypto companies can and cannot do instead of just issuing fines. The Chamber of Commerce has filed its own brief to the court, saying that the SEC's refusal to provide clarity to the crypto industry is, “Causing substantial economic harm to both Coinbase and the broader business community.”

The Chamber is also criticizing the SEC for its enforcement action against Kraken, another huge exchange that trades digital assets. Kraken stopped doing a lot of its business and the Chamber says this aggressive enforcement posture by the SEC is only harming investors and businesses because it's reducing the investment opportunities in the US.

And finally, the Chamber of Commerce has complained that the SEC won't even state clearly whether Ethereum, the second largest digital asset after bitcoin, is a security or not. It makes a big difference because assets that are securities have to operate under a different set of rules than assets that are not securities.

Companies that sell stocks and mutual funds, for example, have far more rules to follow than companies that sell baseball cards, artwork or rare coins. That's because stocks and mutual funds are securities. Rare coins and baseball cards are not. The SEC used to say that Ethereum is not a security, but the current SEC chair, Gary Gensler, now refuses to say whether Ethereum is a security or not.

And that means that investment advisors and brokerage firms around the country don't know what set of rules they're supposed to follow, and they're afraid they might get hit by a fine for doing something wrong when they're not being told how to do it right.

This is regulation by enforcement. It's a very frustrating and expensive way to operate a business. It's like driving on a highway without knowing what the speed limit is. And the only way you find out the speed limit is after the cop pulls you over for speeding. This is why a lot of businesses are deciding not to engage at all in crypto until the rules come out.

But Gary Gensler says he has no intention of issuing any clarifying rules. The Chamber of Commerce said last week, quote, “Ethereum has been around for almost a decade. It has a market capitalization exceeding $220 billion. And it is a fundamental building block in the industry.”

And yet regulators cannot agree on what it is. I've cautioned you over the past several weeks over the inappropriate behavior by SEC Chair Gary Gensler and his refusal to provide clarifying regulations that would allow the crypto community to operate responsibly and professionally in the effort of protecting consumers while offering a valuable business service.

Coinbase's lawsuit is before the court right now. We are hopeful for a verdict before too long, and it's going to be a very important decision that will tell us a lot about how soon we can expect regulatory clarity from the SEC.

Meantime, Congress is very busy drafting legislation that would also provide clarity. And we're hopeful to see that within the next couple of months. There's a lot going on in crypto and we're seeing an increasing number of voices expressing opposition to the behavior of SEC Chair Gary Gensler. More to come on this in coming weeks.

Hey, what are you doing today at 2:00 Eastern? Join me for a free webinar on Crypto and Self-Custody - The Future of Wealth and Asset Management. It's designed for financial advisors. You're welcome to attend as well. It's free. Register at DACFP.com. See you there.

-----

More from: News

Back to Library

Jillian DelSignore

Global Head of Investor Distribution Strategy | Nasdaq Global Indexes

Jillian DelSignore, CIMA, is Global Head of Investor Distribution Strategy, Indexes at Nasdaq.

Prior to joining Nasdaq, Jillian was Head of ETFs & Indexing at FLX Distribution. FLX is a first of its kind technology platform that brings together asset managers, distribution professionals, wealth managers, and advisors.

Before and during her time at FLX, she was the Principal of Lakefront Advisory advising financial services firms on accelerating their growth through initiating, scaling or changing their distribution strategy. Given her depth of experience in the ETF industry, she also helps her clients demystify the ETF ecosystem by advising on the intricacies of that market.

Before starting Lakefront Advisory, Jillian was Head of ETF Distribution with J.P.Morgan’s Asset Management business. She was responsible for leading the sales and distribution efforts and strategy in the intermediary and institutional markets.

She also serves on the Board of Women in ETFs (WE), Inc, the first women’s group for the ETF industry, and served as Co-President from 2017-2019. Founded in 2014, WE achieves the mission to connect, support and inspire by organizing events globally that support our goals of education, networking, philanthropy.

Before joining J.P.Morgan in September 2015, Jillian was a Strategic Account Manager within BlackRock's iShares ETF Institutional Asset Management Group. She was responsible for developing and maintaining relationships with institutional investors, including boutique asset managers, global institutional asset managers, hedge funds and registered investment advisory firms.

Prior to joining iShares in March, 2009, Ms. DelSignore worked in the Independent Advisory Channel of Goldman Sachs Asset Management covering GSAM mutual funds, separate accounts, retirement plans, and alternative investments. She joined Goldman Sachs in 2005. Earlier, Ms. DelSignore worked in both the Institutional Corporate Cash and Global Bank Divisions at Federated Investors from 2000-2005.

Ms. DelSignore has a B.A. in Communications from John Carroll University and an M.B.A degree in Finance from the Katz Graduate School of Business at the University of Pittsburgh. She earned her CIMA designation from the Wharton School of Business at the University of Pennsylvania and holds the Series 3, 6, 7, 24 and 66 licenses.

Jillian DelSignore

Global Head of Investor Distribution Strategy | Nasdaq Global Indexes

Jillian DelSignore, CIMA, is Global Head of Investor Distribution Strategy, Indexes at Nasdaq.

Prior to joining Nasdaq, Jillian was Head of ETFs & Indexing at FLX Distribution. FLX is a first of its kind technology platform that brings together asset managers, distribution professionals, wealth managers, and advisors.

Before and during her time at FLX, she was the Principal of Lakefront Advisory advising financial services firms on accelerating their growth through initiating, scaling or changing their distribution strategy. Given her depth of experience in the ETF industry, she also helps her clients demystify the ETF ecosystem by advising on the intricacies of that market.

Before starting Lakefront Advisory, Jillian was Head of ETF Distribution with J.P.Morgan’s Asset Management business. She was responsible for leading the sales and distribution efforts and strategy in the intermediary and institutional markets.

She also serves on the Board of Women in ETFs (WE), Inc, the first women’s group for the ETF industry, and served as Co-President from 2017-2019. Founded in 2014, WE achieves the mission to connect, support and inspire by organizing events globally that support our goals of education, networking, philanthropy.

Before joining J.P.Morgan in September 2015, Jillian was a Strategic Account Manager within BlackRock's iShares ETF Institutional Asset Management Group. She was responsible for developing and maintaining relationships with institutional investors, including boutique asset managers, global institutional asset managers, hedge funds and registered investment advisory firms.

Prior to joining iShares in March, 2009, Ms. DelSignore worked in the Independent Advisory Channel of Goldman Sachs Asset Management covering GSAM mutual funds, separate accounts, retirement plans, and alternative investments. She joined Goldman Sachs in 2005. Earlier, Ms. DelSignore worked in both the Institutional Corporate Cash and Global Bank Divisions at Federated Investors from 2000-2005.

Ms. DelSignore has a B.A. in Communications from John Carroll University and an M.B.A degree in Finance from the Katz Graduate School of Business at the University of Pittsburgh. She earned her CIMA designation from the Wharton School of Business at the University of Pennsylvania and holds the Series 3, 6, 7, 24 and 66 licenses.

Tom Balcom CFP®, CAIA, MBA

Founder | 1650 Wealth Management

Tom began his career in the financial services industry in 1998, working at two of the nation’s largest brokerage firms. His passion for educating and protecting his clients’ wealth developed as he witnessed novice investors entrusting their life savings to “financial advisors” whose top priority was meeting their monthly sales quotas.

Tom aspired to differentiate himself from the crowd. He earned an MBA degree with a Specialization in Investments from the University of Miami in 2000 and became a fee-only, independent, registered investment advisor at a private wealth management firm in Miami. Tom earned the Certified Financial Planner (CFP®) designation in 2003 and the Chartered Alternative Investment Analyst (CAIA) designation in 2005.

In 2010, after gaining over a decade of private wealth management experience, Tom took his passion for educating and protecting his clients’ wealth and founded 1650 Wealth Management. 1650 Wealth Management is a fee-only, independent, private wealth management investment advisor. Tom neither sells investment products nor does he receive sales commissions. Tom focuses on actively managing and creating custom investment management strategies with the goal of protecting and growing his clients’ wealth.

Tom has spent a majority of his career studying and investing in alternative investments. He has spoken at numerous industry conferences including: Structured Products Americas Conference, MTN-I Structured Products Conference, Super Bowl of Indexing Conference, Innovative Alternative Strategies Conference, North American Structured Products Conference, Forum on Alternative Investments, Retail Alternative Investments, Private Wealth Southeast Forum, and the Financial Planning Association of Miami.

He is a contributing guest contributor for the Structured Products Daily publication and has been interviewed by top news and financial publications including: Bloomberg Businessweek, New York Times, CNBC, Investment News, Daily Business Review, CNNMoney.com, Registered Rep, SmartMoney, Forbes, Robb Report, Worth, Structured Retail Products, NerdWallet.com, SunSentinel.com, Florida Trend Magazine and the South Florida Business Journal.

He previously was as an adjunct professor within Barry University’s Personal Financial Planning program and in 2014, Tom was asked to serve as an expert witness on behalf of the Certified Financial Planner Board of Standards (CFP Board).

Originally from Nashua, New Hampshire, Tom has made South Florida his home for nearly 30 years. Tom and his family reside in Lighthouse Point, Florida. On the weekends, you may find Tom golfing (or attending his daughter’s junior golf tournaments), traveling, spending time with his family and actively supporting the University of Miami’s football and basketball teams.

Tom Balcom CFP®, CAIA, MBA

Founder | 1650 Wealth Management

Tom began his career in the financial services industry in 1998, working at two of the nation’s largest brokerage firms. His passion for educating and protecting his clients’ wealth developed as he witnessed novice investors entrusting their life savings to “financial advisors” whose top priority was meeting their monthly sales quotas.

Tom aspired to differentiate himself from the crowd. He earned an MBA degree with a Specialization in Investments from the University of Miami in 2000 and became a fee-only, independent, registered investment advisor at a private wealth management firm in Miami. Tom earned the Certified Financial Planner (CFP®) designation in 2003 and the Chartered Alternative Investment Analyst (CAIA) designation in 2005.

In 2010, after gaining over a decade of private wealth management experience, Tom took his passion for educating and protecting his clients’ wealth and founded 1650 Wealth Management. 1650 Wealth Management is a fee-only, independent, private wealth management investment advisor. Tom neither sells investment products nor does he receive sales commissions. Tom focuses on actively managing and creating custom investment management strategies with the goal of protecting and growing his clients’ wealth.

Tom has spent a majority of his career studying and investing in alternative investments. He has spoken at numerous industry conferences including: Structured Products Americas Conference, MTN-I Structured Products Conference, Super Bowl of Indexing Conference, Innovative Alternative Strategies Conference, North American Structured Products Conference, Forum on Alternative Investments, Retail Alternative Investments, Private Wealth Southeast Forum, and the Financial Planning Association of Miami.

He is a contributing guest contributor for the Structured Products Daily publication and has been interviewed by top news and financial publications including: Bloomberg Businessweek, New York Times, CNBC, Investment News, Daily Business Review, CNNMoney.com, Registered Rep, SmartMoney, Forbes, Robb Report, Worth, Structured Retail Products, NerdWallet.com, SunSentinel.com, Florida Trend Magazine and the South Florida Business Journal.

He previously was as an adjunct professor within Barry University’s Personal Financial Planning program and in 2014, Tom was asked to serve as an expert witness on behalf of the Certified Financial Planner Board of Standards (CFP Board).

Originally from Nashua, New Hampshire, Tom has made South Florida his home for nearly 30 years. Tom and his family reside in Lighthouse Point, Florida. On the weekends, you may find Tom golfing (or attending his daughter’s junior golf tournaments), traveling, spending time with his family and actively supporting the University of Miami’s football and basketball teams.

Tom Balcom CFP®, CAIA, MBA

Founder | 1650 Wealth Management

Tom began his career in the financial services industry in 1998, working at two of the nation’s largest brokerage firms. His passion for educating and protecting his clients’ wealth developed as he witnessed novice investors entrusting their life savings to “financial advisors” whose top priority was meeting their monthly sales quotas.

Tom aspired to differentiate himself from the crowd. He earned an MBA degree with a Specialization in Investments from the University of Miami in 2000 and became a fee-only, independent, registered investment advisor at a private wealth management firm in Miami. Tom earned the Certified Financial Planner (CFP®) designation in 2003 and the Chartered Alternative Investment Analyst (CAIA) designation in 2005.

In 2010, after gaining over a decade of private wealth management experience, Tom took his passion for educating and protecting his clients’ wealth and founded 1650 Wealth Management. 1650 Wealth Management is a fee-only, independent, private wealth management investment advisor. Tom neither sells investment products nor does he receive sales commissions. Tom focuses on actively managing and creating custom investment management strategies with the goal of protecting and growing his clients’ wealth.

Tom has spent a majority of his career studying and investing in alternative investments. He has spoken at numerous industry conferences including: Structured Products Americas Conference, MTN-I Structured Products Conference, Super Bowl of Indexing Conference, Innovative Alternative Strategies Conference, North American Structured Products Conference, Forum on Alternative Investments, Retail Alternative Investments, Private Wealth Southeast Forum, and the Financial Planning Association of Miami.

He is a contributing guest contributor for the Structured Products Daily publication and has been interviewed by top news and financial publications including: Bloomberg Businessweek, New York Times, CNBC, Investment News, Daily Business Review, CNNMoney.com, Registered Rep, SmartMoney, Forbes, Robb Report, Worth, Structured Retail Products, NerdWallet.com, SunSentinel.com, Florida Trend Magazine and the South Florida Business Journal.

He previously was as an adjunct professor within Barry University’s Personal Financial Planning program and in 2014, Tom was asked to serve as an expert witness on behalf of the Certified Financial Planner Board of Standards (CFP Board).

Originally from Nashua, New Hampshire, Tom has made South Florida his home for nearly 30 years. Tom and his family reside in Lighthouse Point, Florida. On the weekends, you may find Tom golfing (or attending his daughter’s junior golf tournaments), traveling, spending time with his family and actively supporting the University of Miami’s football and basketball teams.