Trump CFTC Pick Poised for One-Man Show Shaping US Crypto Rules

A Wall Street regulator that typically operates under bipartisan balance may soon find itself under the control of just one commissioner—President Donald Trump’s nominee—even as it gears up to take on a potential role policing cryptocurrency trading.

Brian Quintenz, the head of policy at Andreessen Horowitz’s a16z crypto arm, appeared before the Senate Agriculture Committee for a nomination hearing on June 10 and is expected to take charge of the Commodity Futures Trading Commission following a floor vote. He’ll likely be flying solo for a time, as the two existing commissioners have announced plans to depart and the other two seats remain vacant.

“At some point, Brian may be the only commissioner,” said Carl Kennedy, a partner at Katten Muchin Rosenman LLP and former special counsel at the CFTC. “By year end, he will have a lot on his plate and will be the only commissioner tasked with having to address full agency action.”

Quitenz’s full plate may include implementing the “CLARITY Act” (H.R. 3633), crypto market structure legislation approved by a pair of House committees last week that would give the agency a central role overseeing digital assets, including digital commodity exchanges, brokers, and dealers.

The CFTC is also contending with thorny questions about how to regulate event contracts around elections and sports and what to do with its $21 million office lease, on top of its mandate to police trillions of dollars in financial derivatives trading by companies looking to hedge risks.

“The CFTC has had a real track record of being an authority that is able to handle the crypto space,” said Phil Selden, member at Cole Schotz PC and former acting US Attorney for the District of Maryland. “I would see that path continuing, but with a leader who is going to be nimble and also thoughtful.”

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As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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