Mark Cuban Criticizes SEC, Suggests Better Regulatory Approach Could Have Saved FTX and 3AC

As a seasoned analyst with a wealth of experience navigating the complexities of regulatory landscapes, I find myself aligning strongly with Mark Cuban’s perspective on the current approach of the US Securities and Exchange Commission (SEC) under Chairman Gary Gensler.


Once more, the renowned American entrepreneur Mark Cuban has criticized the regulatory methods of the United States Securities and Exchange Commission (SEC), particularly during the tenure of Chairman Gary Gensler. In the most recent edition of the All-In Podcast, he voiced his opinions on this topic.

Mark Cuban Slams Gensler’s SEC, Lauds Japan’s Regulatory Approach

Cuban criticized Gensler, stating that the fate of crypto companies like FTX and Three Arrows Capital (3AC) might have been different if the SEC Chairman had prioritized establishing clear regulations over enforcing actions. Instead, he seems to favor using enforcement as a means to regulate cryptocurrencies.

As stated by Cuban, the way the SEC and Gensler enforce regulations has generally been ineffective. He personally found the SEC’s procedures complicated when he tried to register a token with them, but unfortunately, his attempts were unsuccessful.

As I delved into the intricacies of the situation, I found the process to be unduly complex, lacking in transparent guidelines. In my assessment of Gensler’s stance on this matter, these points stand out as particularly noteworthy.

“In essence, his strategy revolves around settling disputes through lawsuits. He prefers taking legal action first without asking too many questions initially, with the expectation that the outcome of these lawsuits will establish a rule that everyone else must abide by.

Rather than enforcing strategies potentially stifling innovation, Cuban proposes that the SEC could have established guidelines fostering businesses to act responsibly instead.

Regarding the closed-down FTX exchange and others similar to it, Cuban pointed out Japan’s crypto lending regulations as something potentially beneficial that could have prevented their downfall. He suggested that if the U.S. Securities and Exchange Commission (SEC) had implemented similar guidelines, the unremarkable failures of FTX and 3AC might not have occurred. This sentiment was encapsulated in a part of Cuban’s statement where he expressed:

“Bankman-Fried might still be in jail, but FTX, 3AC, they’d still be in business.”

An All-Out War

Cuban’s recent criticism of Gensler’s ways is a direct reflection of what the majority of the crypto industry thinks of the SEC Chair. The agency has taken enforcement actions on virtually every crypto firm, including bigwigs like Coinbase and Binance.

As a researcher, I’ve observed that the regulatory body has been entangled in numerous legal disputes, with the Ripple case being one of the most well-known and protracted ones. However, following Ripple’s significant win against the SEC a few weeks ago, Gensler has chosen to challenge this verdict once more, which has sparked a wave of criticism.

Currently, the conflict between the SEC (Securities and Exchange Commission) and the cryptocurrency sector is showing signs of intensifying. Notably, several insiders, including Mark Cuban, have voiced their opinions for a change in leadership or at least a significant modification in the regulatory stance. The fate of the U.S. crypto market could hinge on how these matters are addressed over the next few months.

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2024-10-04 14:45