SEC's Alleged Pressure On DeFi Founders Sparks Controversy

According to Cointelegraph, the U.S. Securities and Exchange Commission (SEC), under the leadership of former chair Gary Gensler, reportedly used settlements to pressure founders of decentralized finance (DeFi) platforms to exit the industry permanently. This claim was made by Joey Krug, a partner at venture capital firm Founders Fund, during his appearance at the ETHDenver conference on February 27. Krug alleged that the government approached DeFi protocol founders, urging them to settle with the SEC. He claimed that these settlements often included clauses prohibiting the founders from working in the cryptocurrency sector again. Additionally, Krug mentioned that these agreements contained non-disparagement clauses, preventing public discussion about the settlements. This revelation adds fuel to the ongoing speculation within the crypto industry, known as "Operation Chokepoint 2.0," which suggests that the Biden administration attempted to stifle the domestic crypto industry through regulatory enforcement and by pressuring banks to limit services to crypto firms. Krug further stated that regulatory agencies would warn founders of potential jail time if they did not comply with the settlements. However, he noted that these civil agencies would need to defer to the Department of Justice (DOJ) for criminal charges, and as of now, none of these cases have been referred to the DOJ. Krug emphasized that he believes none of the founders involved actually violated any laws. Initially skeptical about the existence of such settlements, Krug said he was shown agreements by unnamed founders, confirming the restrictive clauses. The SEC has not provided a comment on these allegations. Since 1972, the SEC has included a "gag rule" in its settlements, preventing defendants from criticizing the agency's claims. Commissioner Hester Peirce has criticized this rule, stating it undermines regulatory integrity. Krug suggested that DeFi founders could only discuss these settlements if Congress requested their testimony. He noted that many founders are eager to share their experiences of being adversely affected by government actions if given the opportunity by Congress. In related developments, the Federal Deposit Insurance Corporation recently released nearly 800 pages of "pause letters" sent to banks and financial firms regarding their crypto services. Both the U.S. House and Senate conducted hearings on crypto debanking in early February, where crypto executives testified about their challenges in accessing financial services under the Biden administration.