Karsten Wenzlaff, Advisor
August 26th, 2025
Karsten Wenzlaff is a Crowdfunding and Fintech Expert from Germany. He is Secretary-General of Digit[...]
Regulatory Fairness Returns as SEC and CFTC Realign
Regulation | Oct 27, 2025
Image courtesy of AI
SEC to Reform the Wells Process as Trump Taps Michael Selig to Lead the CFTC
On October 7, 2025, SEC Chair Paul Atkins talked about major changes to the Wells process in an SEC keynote address to the A A Sommer Jr Lecture at Fordham School of Law, including a new enforcement framework built around due process and transparency. Atkins described the Wells process as a safeguard that prevents the Commission from becoming “policeman, prosecutor, judge, and jury all in one.” He also emphasized that enforcement should focus on actual misconduct and investor harm rather than minor or technical violations.
The reforms include doubling the time allowed for responses, expanding access to testimony and investigative materials, and offering meetings with senior enforcement leadership before a recommendation is made. A BakerHostetler analysis and Dechert commentary confirm that these measures address years of criticism that the process was opaque, one-sided and unfair.
See: SEC Clears Path for Fast Track Crypto ETFs
By aligning the Wells process with constitutional principles of fairness and proportionality, the SEC is signaling a more predictable approach that could encourage compliance and reduce costly disputes.
From Crackdown to Clarity in Crypto
Few sectors highlight the importance of fair process more than digital assets. In 2024 and 2025, the SEC issued several Wells notices that dominated headlines and influenced global sentiment toward crypto markets (aka regulatory crackdown). NCFA covered how these actions impacted both perception and investment, such as the various Wells notices received that preceded litigation to Coinbase (March 2023), Robinhood (May 2024), and Uniswap Labs (April 2024), each becaming examples of what critics called “regulation by enforcement.”
The market reaction was usually immediate and swift. Share prices fell sharply after each announcement, venture funding slowed, and token listings became more conservative. The consistent theme across these cases was the lack of procedural clarity, leaving firms to interpret opaque standards that often changed after the fact. Not all inquiries ended with penalties. The SEC’s decision to close its stablecoin investigation in the Paxos BUSD (July 2024), suggested that avoiding enforcement was possible in limited cases.
See: U.S. Maps Out Plan to Lead World in Crypto
Atkins planned changes come amid an administration that has declared support for digital assets and innovation and issued a series of policy reversals and case dismissals since taking office, including a full unconditional pardon for Binance founder, CZ most recently. The new government enacted the country's first comprehensive stablecoin law, the GENIUS Act, forming a statutory foundation for reserve-backed tokens. In February 2025, U.S. crypto czar Sacks outlined a coordinated plan for risk based supervision and technology neutral rules. Together these measures announced by the SEC signal a coordinated push by the administration toward fairness, predictability and genuine regulatory clarity.
A New Direction at the CFTC
Two weeks after Atkins’ address, as reported by Politico, the Trump administration announced plans to nominate Michael Selig as chair of the Commodity Futures Trading Commission who brings experience in digital asset policy and his focus on aligning derivatives oversight with technological modernization.
If confirmed, Selig’s appointment could enhance coordination between the CFTC and SEC on digital assets and tokenized products. A combined regulatory environment based on fairness, due process, and interagency cooperation that could stabilize U.S. market confidence after years of policy divergence and frustrated investors and innovators.
Why It Matters
Regulatory predictability is essential for innovation and investment. When enforcement processes are clear and timelines are known, firms can allocate resources more effectively between compliance and product development (and not moving goal posts).
The Wells process reforms and the CFTC nomination together are clear signs that the days of regulating crypto by fear and enforcement are over. If implemented as anticipated, these policies could restore the trust between market participants and regulators, a prerequisite for sustainable capital formation. Impacted fintech leader should update internal playbooks to reflect the new Wells response timeline, including the opportunity for earlier meetings and white paper submissions.
See: CSA Reminds Crypto-backed Lenders of Securities Law Duties
Boards can establish governance protocols based on four week response periods and expect data-driven engagement with enforcement staff. For investors, a fairer U.S. digital asset environment could deepen capital pipelines and improve valuations in the digital finance sector.
For continued updates on regulatory developments and their implications for fintech and digital markets, subscribe to NCFA’s weekly newsletter for verified analysis and insights.
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