The Office of the Inspector General (OIG) of the United States Securities and Exchange Commission (SEC) has released its annual examination of the most serious management and performance challenges facing the agency. Crypto was on its list, as no surprise to anyone in the crypto community.
The OIG’s “Statement on the SEC’s Management and Performance Challenges” noted the agency’s previous statements about the lack of disclosure and “widespread noncompliance with existing securities laws by crypto asset market participants.”
The existing law leaves gaps in oversight related to crypto assets that are not securities and certain stablecoins. There have been calls for comprehensive legislation and interagency coordination. In addition, the report said:
“Caselaw concerning the application of the securities laws to crypto assets is limited and still developing.”
Those facts are well known. Employment issues in the SEC are less publicized. The report said the agency has been trying to add crypto specialist positions in its examinations, trading and markets, and enforcement divisions. The Office of the General Counsel and the Office of International Affairs are also seeking new to fill new crypto-related positions.
The SEC’s hiring efforts have been frustrated by a small candidate pool and high competition with the private sector for crypto specialists. Many potential candidates hold crypto assets, the report continued:
“Candidates are often unwilling to divest their crypto assets to work for the SEC.”
This disqualifies them from working for the agency under a determination by the Office of Ethics Counsel. The OIG is planning to give SEC recruitment practices more scrutiny in FY 2024, it said.
The OIG reacts to outside requests for investigation as well as implementing internal examinations, although it is characteristically slow to react. The OIG was called on to investigate a potential conflict of interest on the part of former corporate finance director William Hinman, whose speech identifying Ether as not a security has been widely cited.
The SEC’s Office of Inspector General’s (OIG) report is worth a read. Besides the embarrassingly bad performance review, the OIG concludes “there is uncertainty” whether the SEC has jurisdiction over crypto. This is the SEC’s own cop on the beat talking. https://t.co/aOjOyzhQZX
Hinman had a financial interest in the law firm Simpson Thacher & Bartlett, which is a member of the Enterprise Ethereum Alliance (EEA), a good-government group called Empower Oversight claimed in a letter to the OIG in 2022. That claim has apparently not been examined by June 2023, when lawyer John Deaton called for the OIG to examine the Hinman speech again in an interview with Cointelegraph.
According to the US Department of Justice, Wolf Capital’s co-founder has pleaded guilty to wire fraud conspiracy for luring 2,800 crypto investors into a Ponzi scheme.
Making Britain better off will be “at the forefront of the chancellor’s mind” during her visit to China, the Treasury has said amid controversy over the trip.
Rachel Reeves flew out on Friday after ignoring calls from opposition parties to cancel the long-planned venture because of market turmoil at home.
The past week has seen a drop in the pound and an increase in government borrowing costs, which has fuelled speculation of more spending cuts or tax rises.
The Tories have accused the chancellor of having “fled to China” rather than explain how she will fix the UK’s flatlining economy, while the Liberal Democrats say she should stay in Britain and announce a “plan B” to address market volatility.
However, Ms Reeves has rejected calls to cancel the visit, writing in The Times on Friday night that choosing not to engage with China is “no choice at all”.
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On Friday, Culture Secretary Lisa Nandy defended the trip, telling Sky News that the climbing cost of government borrowing was a “global trend” that had affected many countries, “most notably the United States”.
“We are still on track to be the fastest growing economy, according to the OECD [Organisation for Economic Co-operation and Development] in Europe,” she told Anna Jones on Sky News Breakfast.
“China is the second-largest economy, and what China does has the biggest impact on people from Stockton to Sunderland, right across the UK, and it’s absolutely essential that we have a relationship with them.”
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10:32
Nandy defends Reeves’ trip to China
However, former prime minister Boris Johnson said Ms Reeves had “been rumbled” and said she should “make her way to HR and collect her P45 – or stay in China”.
While in the country’s capital, Ms Reeves will also visit British bike brand Brompton’s flagship store, which relies heavily on exports to China, before heading to Shanghai for talks with representatives across British and Chinese businesses.
It is the first UK-China Economic and Financial Dialogue (EFD) since 2019, building on the Labour government’s plan for a “pragmatic” policy with the world’s second-largest economy.
Sir Keir Starmer was the first British prime minister to meet with China’s President Xi Jinping in six years at the G20 summit in Brazil last autumn.
Relations between the UK and China have become strained over the last decade as the Conservative government spoke out against human rights abuses and concerns grew over national security risks.
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2:45
How much do we trade with China?
Navigating this has proved tricky given China is the UK’s fourth largest single trading partner, with a trade relationship worth almost £113bn and exports to China supporting over 455,000 jobs in the UK in 2020, according to the government.
During the Tories’ 14 years in office, the approach varied dramatically from the “golden era” under David Cameron to hawkish aggression under Liz Truss, while Rishi Sunak vowed to be “robust” but resisted pressure from his own party to brand China a threat.
The Treasury said a stable relationship with China would support economic growth and that “making working people across Britain secure and better off is at the forefront of the chancellor’s mind”.
Ahead of her visit, Ms Reeves said: “By finding common ground on trade and investment, while being candid about our differences and upholding national security as the first duty of this government, we can build a long-term economic relationship with China that works in the national interest.”