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Spot Ether ETF Decision Rests with SEC’s 5-Member Panel; Gensler Could Be Decisive

ByDayne Lee

May 20, 2024

Spot Ether ETF Decision Rests with SEC’s 5-Member Panel; Gensler Could Be Decisive

The fate of spot Ether exchange-traded funds (ETFs) may hinge on a critical vote by Gary Gensler, Chair of the U.S. Securities and Exchange Commission (SEC), reflecting a pivotal moment akin to the decision-making process for spot Bitcoin ETFs.

In January 2024, the SEC approved spot Bitcoin ETFs following a 3-2 vote among the commissioners. The decision saw affirmative votes from two commissioners supportive of crypto, Hester Pierce and Mark Uyeda, while Caroline Crenshaw and Jaime Lizárraga voted against, leaving Gensler’s vote as the deciding factor.

This week, the same panel will decide the fate of VanEck’s proposed spot Ether ETF on May 23. Here’s a breakdown of the commissioners’ stances:

Commissioner Insights

Hester Peirce: Known as “Crypto Mom,” Peirce is a proponent of digital assets and greater decentralization in finance. While her vote on the spot Ether ETFs remains unconfirmed, her history and active participation in the Ethereum community suggest a likely supportive stance.

Caroline Crenshaw: Crenshaw is critical of the cryptocurrency sector, emphasizing the risks of fraud and market manipulation. Her previous dissent on the spot Bitcoin ETFs, citing lack of adequate regulatory mechanisms, suggests she might oppose the spot Ether ETFs similarly.

Mark Uyeda: Uyeda has critiqued the SEC’s approach to cryptocurrency regulation, advocating for clearer guidelines. Although he voted in favor of the spot Bitcoin ETFs, he expressed reservations about the decision-making process, which might influence his stance on the Ether ETFs.

Jaime Lizárraga: Lizárraga voted against the spot Bitcoin ETFs and has not publicly shifted his position on cryptocurrencies, which he views as largely unregulated and potentially in violation of U.S. securities laws.

Gary Gensler: Gensler’s previous vote in favor of Bitcoin ETFs was seen as pivotal. His recent non-committal comments and the ongoing investigation into Ether’s status as a potential security add an element of uncertainty to his upcoming decision.

The outcome of this vote is eagerly anticipated, with significant implications for the cryptocurrency market and regulatory landscape. Each commissioner’s perspective offers a glimpse into the potential debates and considerations that could shape their decisions.

The decision will also reflect broader SEC strategies and could set precedents for future cryptocurrency products seeking formal market entry. As the cryptocurrency landscape evolves, the SEC’s approach will likely continue to influence its integration into mainstream financial systems.

This upcoming vote not only decides the immediate future of Ether ETFs but also tests the waters for how advanced blockchain-based assets can integrate within regulatory frameworks.


Featured image credit: Victor via Altcoin Buzz

Dayne Lee

With a foundation in financial day trading, I transitioned to my current role as an editor, where I prioritize accuracy and reader engagement in our content. I excel in collaborating with writers to ensure top-quality news coverage. This shift from finance to journalism has been both challenging and rewarding, driving my commitment to editorial excellence.

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