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SEC Commissioner Hester Peirce to Depart After Nearly Three Decades in Washington
SEC Commissioner Hester Peirce delivered her farewell remarks Tuesday at the U.S. Chamber of Commerce Capital Markets Summit in Washington, D.C., closing out a career that made her one of the agency's most prominent advocates for clearer oversight of the crypto sector.
In a speech titled "Peirce Out," she confirmed she is leaving after nearly 30 years in Washington, saying she is "moving to the beach." Bloomberg reported she will join Regent University School of Law in Virginia Beach as an associate professor in November. Peirce's second term as commissioner expired in June 2025, and she has remained in office as a holdover since then.
Crypto featured as one part of a broader message. Peirce reviewed a wide range of securities-policy issues, including climate disclosure rules, the Foreign Corrupt Practices Act, and the SEC's use of disgorgement. She highlighted digital-asset policy as an example of the Commission returning to its statutory mandate, describing the past year and a half as an effort "to tie our crypto regulatory and enforcement activities to the statutes we administer."
Her framing underscored a long-running split with the approach taken under former Chair Gary Gensler, when she repeatedly objected to what she characterized as regulation driven by litigation rather than rulemaking. After Gensler's departure, the SEC reset its digital-asset enforcement and rulemaking under Chair Paul Atkins through an initiative called Project Crypto.
Peirce has criticized the SEC's enforcement-first posture for years, calling it a "paternalistic and lazy" way to regulate and likening the regulatory environment for compliant firms to a "regulatory version of an escape room" with no clear exit.
Beyond crypto, Peirce used the speech to outline what she views as unfinished business. She raised constitutional concerns about the SEC's pay-to-play rule for investment advisers, arguing it effectively creates a financial disincentive for political speech. She also criticized the agency's expansive interpretation of internal accounting controls under the Foreign Corrupt Practices Act, calling it a "lever" used to discipline companies over controls unrelated to accounting.
She also took aim at the Consolidated Audit Trail, describing it as "a massive market surveillance monitoring operation." The SEC issued a concept release in April seeking feedback on the CAT's civil-liberties and privacy implications, an approach Peirce endorsed.
Peirce pointed to several recent actions as signs of progress: the May rescission of the rule that barred settling defendants from publicly denying allegations, the proposed rollback of climate disclosure rules, and April's move to reduce the Form PF reporting burden on private funds.
She closed by urging bipartisan cooperation on what she called the "boring basics," including updating transfer agent rules, modernizing investor disclosure technology, and reforming investment-company proxy processes. "We will not agree on every detail," she said, "but the joint work of getting to a good place might build good will that can be applied to areas of deeper disagreement."
Her departure would leave the SEC with two commissioners. While the agency can legally operate with fewer than three, a two-member commission has no modern precedent and could hinder rulemaking and enforcement when tie votes result in no decision.
The Defiant has recently covered Peirce's work on tokenization, including efforts to clarify distinctions between tokenized securities and synthetic instruments, as well as guidance on the proposed innovation exemption for on-chain stock trading. Those positions remain in effect until her seat is filled.
Peirce joined the SEC in 2018, filling the vacancy left by Commissioner Daniel Gallagher. She was renominated by President Trump and confirmed to a second term in 2020, and she is the last Republican holdover commissioner.