The CFTC has explicitly stopped regulating the crypto-asset industry through litigation

Caroline D. Pham, acting chair of the U.S. Commodity Futures Trading Commission (CFTC), expressed support for the DOJ's announcement to end its policy of regulating the crypto-asset industry by way of prosecution, and directed the CFTC not to sue for violations of the Commodity Exchange Act's registration provisions in digital asset-related cases where the defendant lacks subjective intent.
In addition, she has realigned law enforcement functions to drive rapid resolution of compliance backlogs that do not involve customer harm or market abuse.