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SEC Lawyers Resign Over Alleged Power Abuse

By Wayne Ingram
Apr 25, 2024
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Reportedly, two attorneys working for the U.S. Securities and Exchange Commission (SEC) have tendered their resignations following a district court's sanction against the agency for what was deemed "egregious abuse" of power and acting in "bad faith" in a cryptocurrency-related case. Michael Welsh and Joseph Watkins, who led the case against crypto platform DEBT Box, stepped down earlier this month, as per a Bloomberg report on April 22. Sources familiar with the matter revealed that the lawyers were given a warning that if they chose to remain, they would be terminated.

Both Welsh and Watkins, according to their LinkedIn profiles, are relatively recent additions to the SEC. Welsh assumed the role of SEC trial counsel in December 2022, while Watkins became enforcement division counsel in January 2023. Their resignations came in the wake of a significant court decision by Chief Judge Robert J. Shelby, who presided over the case in Salt Lake City, Utah. In March, Judge Shelby sanctioned the SEC for making false statements and misrepresentations in the DEBT Box case, condemning the agency's conduct as a serious abuse of authority.

The SEC's legal troubles stem from its actions against Digital Licensing Inc., also known as DEBT Box, which prompted emergency relief measures to shut down the Utah-based company, freeze its assets, and target $50 million worth of crypto assets, according to DEBT Box's principal. However, Judge Shelby found the evidence presented to lack any substantial basis and criticized the SEC's deliberate dissemination of false and misleading information.

Judge Shelby specifically called out Welsh for knowingly making incorrect statements during a hearing and subsequently attempting to conceal and perpetuate the misconduct. The development comes amidst ongoing criticism of SEC Chairman Gary Gensler's enforcement approach within the cryptocurrency industry. Critics argue that such tactics contribute to regulatory uncertainty, stifle innovation, and undermine the United States' competitiveness in the digital asset sector.

Notable enforcement actions by the SEC against crypto platforms include lawsuits against major exchanges Coinbase and Binance, along with impending actions against decentralized finance platform Uniswap. These incidents underscore the broader tensions between regulators and industry stakeholders in navigating the evolving landscape of digital assets.

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