In a notable turn for crypto enforcement, the Commodity Futures Trading Commission said it is joining Gemini Trust Company LLC in seeking relief from judgment in Commodity Futures Trading Commission v. Gemini Trust Company, LLC, pending in the Southern District of New York. According to the agency, a post hoc review concluded that the complaint would not have been filed under the CFTC’s current enforcement standards.

That is a striking position for any regulator to take after obtaining a judgment or settlement, and it immediately raises questions about how far agencies may go in revisiting prior enforcement actions when policy priorities change.