4 days ago
SEC Draws Boundary on Meme Coin Oversight Amid TRUMP Token Turmoil
The U.S. Securities and Exchange Commission has clarified that meme coins, including the TRUMP token, generally fall outside its regulatory jurisdiction, leaving investors without traditional protections. This stance comes as the TRUMP token, launched on January 17, 2025, experienced a dramatic 80% decline from its peak of $72.60, resulting in approximately $2 billion in investor losses, according to Chainalysis.
SEC Commissioner Hester Peirce, leading the agency's crypto task force, emphasized that many meme coins do not meet the criteria of securities under existing laws. She stated that these tokens are often more akin to collectibles, lacking the characteristics that would subject them to SEC oversight. The SEC's Division of Corporate Finance reinforced this view in a staff statement, noting that meme coins typically do not satisfy the Howey Test, which determines what qualifies as a security.
Despite the SEC's position, the TRUMP token's rapid rise and fall have raised concerns. Launched by President Donald Trump, the token's market capitalization soared to $14.5 billion before plummeting to $3 billion. While investors faced significant losses, the Trump Organization and its partners reportedly earned around $100 million in trading fees.
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The SEC's approach marks a shift from previous enforcement strategies. Under former Chair Gary Gensler, the agency pursued aggressive actions against crypto entities. However, the current administration, with Peirce at the helm of crypto regulation, is moving towards establishing clear policies rather than relying on enforcement. This change aims to provide a more innovation-friendly environment for digital assets.
Critics argue that the lack of regulatory oversight for meme coins leaves investors vulnerable to market manipulation and fraud. They point to the TRUMP token's volatility and the significant profits earned by its promoters as evidence of potential exploitation. Ethics experts have also raised concerns about conflicts of interest, given President Trump's dual role as a political leader and a crypto entrepreneur.
In response to these developments, some lawmakers are calling for greater transparency and regulation. Representative Jamie Raskin has launched an investigation into a private dinner hosted by President Trump for top investors in the TRUMP token, citing potential ethical and legal issues. The event allowed investors who purchased large amounts of the token to attend, with many top holders' identities remaining anonymous.
While the SEC maintains that it is not a 'merit regulator' and does not endorse or evaluate the quality of investments, the agency's stance on meme coins underscores the importance of investor due diligence. As the crypto market continues to evolve, the balance between fostering innovation and protecting investors remains a contentious issue.
