Subject: The SEC Must Not Endanger Retail Investors By Approving Spot Ether ETPs
From: Robert Rutkowski
Affiliation:

May 16, 2024

Gary Gensler, Chair
SEC Headquarters
100 F Street, NE
Washington, DC 20549
(202) 551-2100
chairmanoffice@sec.gov

Vanessa A. Countryman
Secretary, Securities and Exchange Commission
100 F Street NE
Washington, DC 20549-1090
rule-comments@sec.gov

Re:
Ark 21Shares Ethereum ETF, File No. SR-CboeBZX-2023-070
VanEck Ethereum ETF, File No. SR-CboeBZX-2023-069
Hashdex Nasdaq Ethereum ETF, File No. SR-NASDAQ-2023-035

Dear Chair and Secretary:

Commenting on the filing of Better Markets’ Supplemental Comment Letter
to the Securities and Exchange Commission (SEC) in response to proposed
rule changes filed by national securities exchanges to list and trade
shares in spot ether exchange-traded products (ETPs), with the SEC set
to rule on the first such proposed rule change by May 23, 2024: The
stakes for retail investors are enormous.  The crypto industry remains
plagued by fraud, scams, and abuses, but the SEC’s approval of spot
bitcoin ETPs has allowed the industry to peddle some of its products to
retail investors with a veneer of legitimacy.  This means that when the
next crypto crash inevitably occurs, retail investors are the ones that
will be harmed.  The approval of spot ether ETPs would only further
endanger retail investors.  It would allow the crypto industry to
portray another product backed by an unstable and volatile asset as a
mainstream financial instrument that has the SEC’s blessing.

In a prior comment letter, submitted two days after the SEC approved
spot bitcoin ETPs, Better Markets’ said that that approval was a mistake
that threatened to harm countless investors and that the SEC should not
compound that mistake by approving spot ether ETPs.  The experience with
spot bitcoin ETPs in the four months since their approval shows why spot
ether ETPs should not also be approved. Although some said that the
SEC’s approval of spot bitcoin ETPs would dampen bitcoin’s volatility,
that has not proven to be the case.  Instead, it appears that swings in
the price of bitcoin are only becoming more intense.  Ether is no less
prone to extreme price volatility than is bitcoin, which makes investing
in ether little more than a gamble.  In these circumstances, the SEC
cannot approve spot ether ETPs consistently with its mission to protect
investors and the public interest.

Moreover, the approval of spot ether ETPs would threaten not just
investors but also the broader financial system.  The SEC’s approval of
spot bitcoin ETPs already further entangled crypto with the rest of the
financial world, which creates financial stability risks due to
bitcoin’s extreme volatility. Approving spot ether ETPs would further
interweave the crypto industry with traditional finance and aggravate
these systemic risks.

The Supplemental Comment Letter:
https://protect2.fireeye.com/v1/url?k=31323334-50bba2bf-3132d782-4544474f5631-7b1394f330563fb0&q=1&e=f85a0505-03b7-42e5-9cb3-f6a30df38f11&u=https%3A%2F%2Fbettermarkets.org%2Fwp-content%2Fuploads%2F2024%2F05%2FBetter-Markets-Supplemental-Comment-Letter-Spot-Ether-ETPs.pdf

Yours sincerely.
Robert E. Rutkowski