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According to reports, more than 50 lawyers and staffers in the SEC’s Crypto Assets and Cyber Unit have been reassigned to other roles in the agency.

On the same day, Commissioner and Crypto Mom Hester Peirce published her road map for the newly formed Crypto Task Force she leads. In doing so, she said—and we paraphrase here—if you lose money on some sh*tcoins, don’t expect “Mama Government” to bail you out.

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In light of the Commission’s shift in priorities, in addition to the staff reassignments, we can expect the Crypto Assets and Cyber Unit itself to be either rebranded or disbanded altogether.

Which is not to say crypto-related enforcement actions will not be brought. Once upon a time, the Commission had an Office of Internet Enforcement which, as the internet became a household utility, no longer made sense. We here at SKrypto are optimistic about SEC Crypto 2.0, but it is also worth pausing to reflect on the fact that, going forward, crypto cases should be handled by Commission staff much like other cases, and there is some comfort in that.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firm or its clients, or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

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Philip Moustakis | Partner

Philip Moustakis is a member of the firm’s Government Enforcement & Internal Investigations and Blockchain & Cryptocurrency practice groups.

Philip has extensive experience with SEC enforcement and regulatory risks faced by investment advisers, private fund managers, and other asset managers. Philip represents clients in SEC investigations; provides proactive advice and counselling to clients on regulatory and compliance risks and challenges; supports clients through SEC examinations; and directs internal investigations for them.

Philip has handled matters involving insider trading, conflicts of interest, valuation, market manipulation, ESG products, alternative data and research providers, expert consultants/networks, crypto asset offerings, nonfungible tokens (NFTs), crypto trading platforms, compliance and supervisory failures, and whistleblowers.

For more than a decade prior to joining the firm, Philip served as Senior Counsel in the SEC’s Division of Enforcement. As a member of the SEC’s Asset Management Unit, Philip investigated and prosecuted complex matters involving advisers to private funds and mutual fund complexes. Philip also initiated the SEC’s involvement in crypto, in 2013, with the SEC’s first Bitcoin-related enforcement action and was a founding member of the SEC’s Cyber Unit. Prior to the SEC, Philip served as an Assistant Attorney General in the Investor Protection Bureau of the New York Attorney General’s Office.

Philip is quoted frequently in the press on securities law issues affecting asset managers and blockchain companies. Philip is also a contributor to the firm’s Cryptocurrency and Blockchain blog, SKrypto.

Philip received a J.D. from New York University School of Law, and a B.A. in Philosophy, cum laude, from Purchase College.