Jay Clayton will step down as US SEC chair by year's end

Published at: Nov. 16, 2020

Jay Clayton, who has served as the chairman of the United States Securities and Exchange Commission since May 2017, will be leaving the agency by 2021.

In its official news release, the agency noted that Clayton has been one of its longest-standing chairs. Crypto enthusiasts will likely be familiar with the agency's work, whose activities have engaged some of the most controversial regulatory questions facing the new asset class. 

These include early debates as to whether or not certain crypto assets should be defined as a security in accordance with the 71-year-old Howey Test.

As chairman, Clayton also warned Bitcoin (BTC) investors last year that they would be “sorely mistaken” in expecting that the cryptocurrency could be traded on mainstream exchanges without more robust regulation in place.

During Clayton's tenure, the SEC reportedly obtained orders for over $14 billion in monetary remedies, including a record $4.68 billion in the fiscal year 2020 alone, and returned approximately $3.5 billion to harmed investors. The commission also paid out roughly $565 million to whistleblowers, which included the largest single award sum paid out to a whistleblower to date of $114 million. In his departure statement, Clayton said:

"The U.S. capital markets ecosystem is the strongest and most nimble in the world, and thanks to the hard work of the diverse and inclusive SEC team, we have improved investor protections, promoted capital formation for small and larger businesses, and enabled our markets to function more transparently and efficiently.” 

While today's news release does not give any hints as to the chairman's next moves, U.S. Attorney General William Barr recently announced Clayton's nomination to serve as the next United States Attorney for the Southern District of New York.

Tags
Sec
Related Posts
It is time for the US to create a ‘Ripple test’ for crypto
Most crypto enthusiasts are less than pleased with the United States Securities and Exchange Commission’s past approach to crypto. This is not because legitimate businesses oppose regulation but because of the breadth, complexity and uncertainty associated with the current regulatory regime. Even in the context of general discontent, few actions by the SEC have engendered as much widespread criticism as the Dec. 22, 2020 complaint that initiated a civil enforcement action against Ripple Labs and two of its executives. Not everyone opposed the action. For example, Coin Center, a pro-crypto nonprofit advocacy and research group, declined to argue against the …
Technology / July 21, 2021
XRP purchasers back Ripple, arguing that it is not a security
On Dec. 22, 2020, the United States Securities and Exchange Commission filed a complaint against Ripple Labs. The complaint essentially alleged that Ripple had engaged in a multi-year, sustained practice of illegally selling unregistered, non-exempt securities in the form of its XRP tokens. This complaint, having been filed on the last day of former SEC Chairman Jay Clayton’s tenure at the commission, led to a considerable volume of public commentary, as is not unusual for SEC litigation against major players in the crypto space. What is unusual about SEC versus Ripple is the reaction from a sizable segment of XRP …
Technology / March 21, 2021
SEC vs. Kik Interactive: A status update on the Kin ecosystem and Kin tokens
Much has been written about the Sept. 30, 2020, decision by Judge Alvin Hellerstein of the Southern District of New York in the U.S. Securities and Exchange Commission vs. Kik Interactive. In that order, the judge ruled in favor of the SEC’s motion for summary judgement, applying the Howey Test in the course of determining that Kik Interactive had violated the federal securities laws by selling contractual rights to acquire Kin tokens and later by issuing and selling the Kin tokens themselves. Less has been said about the actual final judgement, entered by the court on Oct. 21, 2020, pursuant …
Technology / Jan. 24, 2021
SEC vs. Ripple: A predictable but undesirable development
The U.S. Securities and Exchange Commission has not been kind to crypto in the past year. In March 2020, in the SEC v. Telegram case, the Commission won a worldwide injunction against the proposed issuance of Grams by Telegram, undoing years of innovative work even in the absence of any allegations of fraud. Then, on the last day of September 2020, Judge Alvin K. Hellerstein dashed the hopes of Kik Interactive by ruling in favor of the SEC’s motion for summary judgment in SEC v. Kik Interactive, finding that Kik had sold securities when it issued its Kin crypto tokens. …
Technology / Dec. 27, 2020
Token Launches From Ethereum to Telegram: Where Do We Go From Here?
In February, United States Securities and Exchange Commission Commissioner Hester Peirce was asked to give her opinion on the SEC’s case against Telegram. She declined to comment at the time, as SEC officials do not speak publicly about ongoing enforcement actions. In late July, however, with the Telegram case settled, Commissioner Peirce gave a speech titled “Not Braking and Breaking” that pointedly questioned the approach taken by the SEC in the Telegram case. Concluding her remarks, Commissioner Peirce asked: “Who did we protect by bringing this action? The initial purchasers, who were accredited investors? The members of the public, many …
Blockchain / Aug. 12, 2020