The United States Department of Justice (DOJ) appears to be gearing up to tackle short selling, an increasingly prevalent practice in the market. Profiting by betting against stock price surges has caught the attention of prosecutors, particularly as mid-size U.S. banks have suffered sell-offs and collapses in recent months. In March 2023 alone, three mid-size banks collapsed within five days, prompting a sharp decline in global bank share prices.
A Justice Department official, Avi Perry, has warned that short selling, including via options, is a top concern for prosecutors, and hinted at more activity over short sellers ahead. Moreover, he indicated that actions could be taken against officials using corporate trading plans to manipulate the market. Reports have shown that the U.S. Securities and Exchange Commission (SEC) and DOJ have been investigating the involvement of short sellers, including hedge funds, in market manipulation since 2021.
The SEC’s role in regulating this space has attracted some criticism, particularly with regards to its ongoing case against Ripple. John Deaton, an attorney representing XRP holders in the case, argued that the commission’s focus on short sellers demonstrates a lack of free market capitalism. He also highlighted the SEC’s inability to provide clear regulations to the market, which could have implications for companies like Ripple.
The case against Ripple has raised several issues related to the role of the SEC. Its inability to prove certain assertions in court has led to concerns that the commission may not be as effective as it claims to be in regulating the market. For example, the SEC has been inconsistent in its claims regarding Hinman’s Ethereum speech and related documents in the Ripple case.
While the DOJ’s focus on short selling and market manipulation is a step in the right direction, many questions still remain. With the ongoing confusion around the SEC’s regulatory powers and the consequences of unclear regulations, it might be time to evaluate the efficacy and efficiency of the current system. Could a more defined regulatory framework deter market manipulation and prevent scenarios like the collapse of multiple banks?
As the market continues to evolve, it is essential for regulatory bodies to adapt and provide clear guidance for investors. As the DOJ prepares to take action against short selling, the crypto world will be watching closely, and hopefully, learning from this pivotal moment in the market’s history.
Source: Coingape
