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House committee chairman threatens SEC chair with subpoena, but not over crypto

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James Comer, chair of the USA Home of Representatives Oversight and Accountability Committee, has threatened Securities and Trade Fee (SEC) chair Gary Gensler with a subpoena. He wrote within the letter dated Oct. 12, that the committee can have “no alternative” however to make use of obligatory measures to acquire paperwork if the SEC doesn’t begin cooperating with it.

Comer additionally expressed concern about SEC “actions taken to bypass Congress to additional an agenda that harms American taxpayers.” Cryptocurrency proponents in Congress have typically complained about Gensler in comparable phrases, however this letter isn’t about crypto. Quite, Comer was writing about coordination with the European Union (EU) on environmental, social, and governance (ESG) and climate-related points, in addition to SEC stonewalling.

Comer and Senator Tim Scott, who’s now operating within the Republican presidential main, wrote to Gensler in June asking for details about United States’ cooperation with the EU on local weather laws that would influence U.S. corporations. They despatched the same letter to Treasury Secretary Janet Yellen. In his newest letter, Comer mentioned:

“To this point, the SEC has not produced paperwork which are substantively responsive, and thus far the overwhelming majority of paperwork produced have been publicly obtainable on the SEC’s web site, […] or paperwork that have been already launched pursuant to the Freedom of Info Act.”

These phrases virtually mirror Patrick McHenry’s letter of April 12, the place he wrote, “The 232 pages of paperwork supplied by your employees after the briefing are publicly obtainable and never aware of the request.” McHenry was writing about his data request regarding the prosecution of former FTX CEO Sam Bankman-Fried. McHenry additionally threatened Gensler with a “obligatory course of.” McHenry repeated that risk in particular person in a Home Monetary Companies Committee listening to.

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Crypto supporters can even hear echoes of themselves in Comer’s phrase “it isn’t clear that the legislation offers such authority and we should decide whether or not laws is critical.” In his first letter, Comer reminded Gensler of the Supreme Court docket’s West Virginia v. EPA ruling, which pertained to the foremost questions doctrine and will have an effect on the SEC’s actions within the crypto sphere as nicely.

Journal: Crypto regulation: Does SEC Chair Gary Gensler have the ultimate say?