Former SEC Lawyer Labels Crypto as ‘A Modern-Day Emperor Has No Clothes’

Earlier today, John Reed Stark, a digital regulatory compliance expert with 15 years as an SEC enforcement attorney, shared an exhaustive critique of the NFT market and the broader crypto industry on social media platform X (formerly known as Twitter). Stark likened the NFT market to “Pet Rocks on Steroids” and cautioned that the crypto market is following a similar downward spiral.

Stark cited a recent study revealing that 95% of 73,257 NFT collections analyzed now have a market capitalization of zero ether. The most common price for an NFT has dwindled to between $5 and $10. He argued that the NFT market is not just inorganic but is also manipulated to a large extent. He claimed that market manipulation and fraud are not only rampant but also encouraged, creating an environment where venture capitalists and Wall Street profiteers have exploited retail buyers.

Turning his attention to the broader crypto industry, Stark described it as a modern-day adaptation of fables like “The Emperor Has No Clothes” and “The Pied Piper of Hamelin.” He elaborated on why crypto fails as an investment, citing the absence of regulatory oversight, transparency, consumer protections, insurance, licensure, and net capital requirements. Stark also pointed out that the crypto market is rife with market manipulation, insider trading, and fraud, making it a perilous venture for investors.

Stark also criticized crypto’s failure as a currency, noting its price volatility, high fees, and burdensome taxes. He argued that these factors make it impractical for anyone to accept crypto as payment, as its value could plummet the next day. He also highlighted that crypto lacks utility and intrinsic benefit, making it a poor store of value.

In terms of financial inclusion, Stark debunked the notion that crypto serves as a financial equalizer for the unbanked. He cited multiple studies and reports that indicate crypto has evolved into a form of affinity fraud, disproportionately affecting disadvantaged and disaffected communities. Stark emphasized that crypto’s current capabilities do not align with the needs of the groups it claims to serve, thereby worsening their financial situations.

Stark also discussed the stark contrast between traditional financial systems, which he says have some form of government protection, unlike crypto platforms, which he believes lack such safeguards. He mentioned that in the rare instance of bank failure, there are statutory guardrails like insurance and federal ownership to protect depositors. However, he points out, that when a crypto platform fails, no such U.S. government protections exist, leaving customers vulnerable.

Additionally, Stark touched upon the limitations of blockchain technology. He described it as a glorified, append-only, limited writer spreadsheet and immutable ledger that provides little utility. He warned that blockchain faces significant obstacles to evolving into the financial and societal solution its promoters have promised for over 15 years.

In his concluding remarks, Stark labeled the crypto ecosystem as inherently fraudulent. He warned that this contagion is spreading, turning victims into victimizers, leading to the disappearance of fiat currency, and resulting in a cycle of criminality deeply rooted in the crypto ecosystem.

On 18 August 2023, Stark expressed skepticism about the likelihood of SEC approval for a Bitcoin Spot ETF. Stark cited a study indicating widespread market manipulation in the crypto sector, particularly involving automated bots on social media platforms like Twitter. He highlighted the case of FTX hedge fund Alameda Research as an example.

Stark criticized the crypto market for its lack of traditional financial metrics, making valuation more speculative than analytical. He also pointed out the absence of regulatory oversight, leading to a lack of transparency and consumer protection. Stark observed a trend where victims of crypto fraud become perpetrators, exploiting social media platforms to propagate misinformation. He warned that the illusion of freedom from traditional financial systems leaves investors vulnerable, especially when platforms like FTX, Celsius, and BlockFi fail. Stark concluded by urging caution, emphasizing that the average investor often becomes prey in a predatory market.

Featured Image via Midjourney