Mark Cuban Criticizes SEC Chair for Handling of Crypto Regulation

Billionaire investor and “Shark Tank” star Mark Cuban has voiced strong criticism of U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler over his regulatory approach toward the crypto industry. During a recent interview on the All-In Podcast, Cuban expressed frustration with how Gensler relies on the 1946 SEC v. W.J. Howey Co. case, known as the Howey Test, to determine whether crypto assets should be classified as securities.

Cuban’s Disagreement with the Howey Test

The Howey Test considers an asset to be a security if it involves an investment in a common enterprise with an expectation of profit derived from the efforts of others. Cuban, however, believes this outdated test doesn’t fully apply to today’s evolving digital assets. He argued, “There’s the Howey Rule, but there’s also the Reves v. Ernst & Young ruling that dealt with interest rates….”

Cuban highlighted how stock loans, which generate interest, are not considered securities, drawing a comparison to lending Bitcoin. “I asked Gary Gensler… why is it a security to loan out Bitcoin? He didn’t have an answer,” said Cuban. This lack of clarity, according to Cuban, leaves the industry in confusion and uncertainty.

Cuban also accused Gensler of using lawsuits as a primary tool for regulation. “He is going to sue you first, ask questions later,” he said, criticizing Gensler’s strategy of enforcing rules through litigation instead of providing clear guidelines.

Cuban further noted that if the U.S. had adopted a regulatory framework similar to Japan’s, companies like FTX and Three Arrows Capital could have avoided bankruptcy. “If [Gensler] had followed the same rules for crypto that Japan did, FTX would still be in business,” Cuban added.

Cuban concluded that Gensler’s failure to provide clear and fair regulation is hindering the development of the crypto industry in the U.S.