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Shift in Cryptocurrency Enforcement Under New Administration

Anticipated changes in cryptocurrency regulation with the incoming administration and its impact on enforcement priorities.
Published on 2024-11-15

Changes in Cryptocurrency Enforcement

The incoming administration under President-elect Donald Trump is expected to shift focus in the Justice Department's enforcement priorities, with less emphasis on cryptocurrency crimes. Financial fraud cases will still be pursued, but there will be a notable pivot towards enforcing immigration laws, a key campaign focus for Trump.

Impact on U.S. Attorney's Office

The U.S. Attorney's Office in Manhattan, known for its high-profile financial crime cases, will allocate fewer resources to cryptocurrency crimes. This decision comes after securing significant convictions, including that of FTX founder Sam Bankman-Fried. Although crypto cases will not be ignored, the office currently has fewer prosecutors dedicated to these cases compared to the period following the 2022 "crypto winter."

Leadership Changes and SEC Influence

Trump's nomination of Jay Clayton, former chair of the U.S. Securities and Exchange Commission (SEC), as the new U.S. attorney in Manhattan indicates a potential shift in enforcement strategy. Clayton's previous tenure at the SEC was marked by a less aggressive approach to cryptocurrency regulation compared to current SEC chair Gary Gensler, who has actively targeted large crypto firms for registration issues. Trump's intention to replace Gensler raises questions about the continuation of current litigation against firms like Coinbase and Binance.

Broader Enforcement Priorities

Beyond cryptocurrency, Manhattan's U.S. Attorney’s Office has a reputation for tackling financial crimes and political corruption. However, there is speculation that resources may be reallocated to prioritize immigration enforcement. This shift aligns with the Justice Department's anticipated broader change in focus under the new administration.

In conclusion, while the Justice Department will continue to address financial fraud, the upcoming administration is likely to redirect efforts towards immigration and adjust its approach to cryptocurrency regulation.

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