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Interim SEC Chief Casts Sole Vote Against Suing Musk Over Late Twitter Disclosure

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In January, just before Republicans took control of the U.S. Securities and Exchange Commission (SEC), the agency held a closed-door vote on whether to sue Elon Musk for securities law violations related to his late disclosure of purchasing shares in Twitter (now X). According to sources familiar with the vote, four of the five commissioners, including Republican Hester Peirce, voted in favor of suing Musk, while the acting SEC chief, Republican Mark Uyeda, cast the lone dissenting vote.

This vote occurred just days before the SEC filed a lawsuit against Musk on January 14, alleging that he had violated disclosure rules by failing to report his purchase of more than 5% of Twitter’s shares within the required 10-day window. Musk’s late disclosure, which came 21 days after the purchase, allegedly allowed him to acquire more shares at a lower price, saving $150 million on his eventual acquisition of the company.

Uyeda reportedly expressed concerns over the penalty Musk faced and pressed SEC enforcement staff to confirm that politics were not influencing the case, asking them to sign pledges to that effect, which the staff refused. Despite Uyeda’s concerns, Peirce joined the three Democratic commissioners in voting to proceed with the lawsuit.

The SEC’s investigation into Musk, which began in 2022, focused not only on the timing of his disclosure but also whether he had acted with any intent to manipulate the stock price. Musk has maintained that the delay was due to a misunderstanding of the SEC’s rules. The SEC ultimately did not pursue charges alleging intent.

The delay in bringing the case has raised questions among legal experts, who have questioned why the SEC waited so long to act, particularly given the politically charged nature of the case. Musk has had a longstanding feud with the SEC, dating back to 2018 when the agency sued him for misleading investors in a tweet about taking Tesla private.

Musk has until April 4 to respond to the SEC’s summons in this case.

Trump’s SEC Poised to Overhaul Crypto Policies with Leadership Change

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With President-elect Donald Trump’s incoming administration, top Republican officials at the U.S. Securities and Exchange Commission (SEC) are gearing up to overhaul the agency’s cryptocurrency policies, potentially as soon as next week. Key SEC figures, including Commissioners Hester Peirce and Mark Uyeda, are expected to lead the charge on clarifying when a cryptocurrency qualifies as a security and to review pending crypto enforcement cases in the courts.

Trump’s pick for SEC Chair, Paul Atkins, is anticipated to bring a crypto-friendly approach, signaling an end to the aggressive crackdown on the industry initiated by President Biden’s SEC Chair Gary Gensler. Gensler, known for his tough stance on crypto regulation, will step down when Trump takes office.

Peirce and Uyeda, both of whom have been critical of Gensler’s policies, will have a majority among the agency’s politically-appointed commissioners starting next week. They are expected to begin the process of revising crypto regulations, potentially starting with a call for industry and public feedback on the SEC’s stance on cryptocurrency as securities.

The SEC has previously brought at least 83 crypto-related enforcement actions, focusing on fraud and market manipulation, with many cases centered on whether crypto tokens behave like securities. However, many in the industry argue that cryptocurrencies are more like commodities and that clear regulations are needed.

While the new SEC leadership is likely to pursue a more crypto-friendly regulatory framework, it is unclear when new policies will be finalized, and addressing complex enforcement actions could take months. Despite these challenges, the industry is hopeful that the Trump administration will create a more favorable environment for cryptocurrencies.