Consensys: US SEC Chairman Gary Gensler All Along Believed Ethereum Was Security

As a researcher with a background in financial markets and cryptocurrencies, I find the ongoing debate surrounding the SEC’s decision on Ethereum ETFs and its classification as a security or commodity to be of great interest. Given the recent history of contradictory statements from the US regulatory bodies, the outcome of this decision could have significant implications for the entire altcoin industry.


The SEC’s decision on approving or rejecting Ethereum (ETH) ETFs in the US is approaching, and the discussion over whether Ethereum should be classified as a security or a commodity has intensified.

As a crypto investor, I’m keeping a close eye on the regulatory landscape in the United States. With the US Congress yet to establish a clear-cut framework for cryptocurrencies before the upcoming general election, there’s been some confusion and contradiction from key regulatory bodies. The Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC), tasked with overseeing crypto regulations, have issued conflicting statements on various aspects of cryptocurrency matters. This uncertainty can make it challenging for investors like myself to navigate the market confidently.

Nonetheless, Bitcoin is a commodity following the approval of spot Bitcoin ETFs earlier this year.

US SEC Chair Has Believed Ethereum Is a Security

As a crypto investor, I’ve been following the ongoing legal battle between Consensys Software Inc and the US Securities and Exchange Commission (SEC) closely. Based on unredacted court documents, it appears that the SEC and its chairman, Gary Gensler, have held the view for over a year that Ethereum should be classified as an unregistered security. However, it’s important to note that Consensys is advocating for the crypto community, arguing that Ethereum functions as a global computing platform rather than an investment scheme.

According to ConsenSys, the SEC’s Enforcement Division head, Gurbir Grewal, gave the green light for an official investigation into Ethereum’s classification as a security on March 28, 2023. Allegedly, this authorization permits enforcement team members to issue subpoenas and probe those involved in Ethereum transactions.

The Ethereum 2.0 probe, also known as “Ethereum 2.0,” examined potential transactions involving specific securities, not just Ethereum. Therefore, resolving the Consensys case is significant for the entire altcoin sector.

Consensys will likely contend that the SEC has shown inconsistency in their cryptocurrency regulatory stance throughout history. Additionally, it’s worth noting that Bill Hinman, a previous director of the SEC’s Corporation Finance division, held the view that both Ethereum and Bitcoin do not qualify as securities.

It’s worth noting that the US Securities and Exchange Commission (SEC) initiated an investigation into Ethereum 2.0 on April 13, 2023. Remarkably, this occurred just before SEC Chair Gary Gensler testified before the House Financial Services Committee a few days later. During his testimony, Gensler declined to answer a question from Chairman Patrick McHenry regarding Ethereum’s classification as a security.

Market Picture

Market analysts anticipate that the US SEC may deny the upcoming decision on listing and trading Ether ETFs within a few weeks. Nevertheless, there’s optimism among Ethereum supporters, as the court holds the power to compel the SEC to reconsider the spot ETF applications in a manner comparable to Ether futures ETPs.

The decision to approve Bitcoin ETFs this year was significantly impacted by the results of the SEC’s legal battle with Grayscale Investments.

Currently, Ethereum’s price is having difficulty surging to hit its record peak. Based on a technical analysis perspective, it’s crucial for Ethereum’s price to hold the support of approximately $3,170 to prevent a potential downturn towards $2,700.

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2024-04-29 19:00