Here is SEC commissioner Hester Peirce's dissenting opinion: https://www.sec.gov/news/statement/peirce-blockfi-20220214 Essentially she says that while they did misrepresent the over collateralization, a 100m fine is too much since they did fulfill their end of the loans. Additionally, she says that the categorization this stuff as securities is not effective. US consumers want interest on their crypto-assets now, bu…
And it doesn't matter whether BlockFi has paid its loans so far. If misrepresentation of collateralization is penalized only when loans aren't paid, then it can never be penalized at all.
I can easily believe that US accounting practices have problems with crypto; do we even have GAAP for this stuff? And it's easy to complain that SEC filings are complex and time-consuming. But at the end of the day there must be some sort of accounting of how these companies and products work.
I suspect that a lot of crypto products won't meet SEC disclosure requirements because they can't meet any real disclosure requirement. And if that's right, then no, they shouldn't be available.