The investigations by the SEC have not been known previously before as the agency’s inquiries are not public, said the sources.
As per the Reuters report, much of the SEC’s efforts in this inquiry are looking into whether registered investment advisors have met the rules and regulations around the custody of client crypto assets. By law, investment advisory firms must be “qualified” to offer custody services to clients in addition to complying with custodial safeguards set out in the Investment Advisers Act of 1940.
Anthony Tu-Sekine, who leads Seward and Kissel's Blockchain and Cryptocurrency Group, said that the recent revelation suggests the SEC hasn’t turned a blind eye to traditional investment firms in the digital asset space.
On Nov. 15, the Wall Street Blockchain Alliance (WSBA) wrote a letter to the SEC to seek clarity on what potential amendments, if any, apply to the “Custody Rule” as it pertains to digital assets. Meanwhile, the securities regulator has continued to beef up its crypto enforcement efforts over the year. In May 2022, it increased its “Crypto Assets and Cyber Unit” team by nearly 100%.
It’s also kept busy dealing with the ongoing lawsuit against Ripple Labs, actions relating to FTX’s collapse, and its founder Sam Bankman-Fried, among many more.