"Enforcement powers, while conceptually broader with respect to non-SEC
regulated entities, are still circumscribed by statute, federal judicial review, congressional
oversight and the Commission’s own policies and procedures for initiating and conducting
inquiries and investigations."
Now that's being squishy-soft on crime. That's the point to make when those members of Congress come up for re-election. They're soft on crime.
The basic law the SEC enforces, the Securities Exchange Act of 1934, is pretty clear on what's a security. The Supreme Court has clarified that. Investment of money, expectation of profit, common enterprise - it's a security. That's called the Howey Test. It's also been established that what you call it or how it works doesn't matter. There have been, over the years, many imaginative schemes cooked up to get around this. The Howey case involved tradeable orange grove harvesting rights in Florida. That was held to be a security.
The crypto crowd has been yammering for years "but this is different". Well, it's not.
The scams around crypto are classic. It's usually insiders stealing the money. The crashes are also classic. It's someone being over-leveraged when something goes down.
This is not financial innovation.