The Securities and Exchange Commission’s (SEC) enforcement approach on crypto firms has left a lasting “regulatory overhang” within the industry, according to Devin Finzer, co-founder and CEO of OpenSea.
Speaking to Cointelegraph, Finzer said that during Biden's administration the agency unfairly targeted good actors in the crypto space, including OpenSea. “There's all sorts of digital assets, you know, you shouldn't treat them all the same. That's obvious. But I think the approach that the prior SEC was taking was kind of this, you know, very, very generic.”
The SEC issued a Wells notice — a formal notification that is often a precursor to enforcement action — to OpenSea in 2024, alleging that the NFT marketplace was operating as an exchange for unregistered securities. At the time, Finzer criticized the SEC for taking an approach of “regulation by enforcement” and said that OpenSea was prepared to “stand up and fight.”
With the SEC under new leadership by Chair Paul Atkins, Finzer is hopeful for a more balanced regulatory framework. “Good crypto regulation needs to balance, sort of, protecting consumers but also preserving the ability to innovate,” Finzer said. “It’s not just a one-size-fits-all problem, right?”
Under the Trump administration, the SEC has scaled back enforcement actions against several crypto firms, marking a policy shift in the US after years of enforcement actions led by former Chair Gary Gensler.




















