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Cryptocurrency News Articles
Amicus Brief Decries SEC Crypto Regulation Woes in Coinbase Lawsuit
Apr 27, 2024 at 03:12 pm
Pro-XRP lawyer and crypto advocate John Deaton has filed an amicus brief supporting Coinbase's motion to certify an interlocutory appeal in the exchange's ongoing case with the SEC. Deaton also heavily criticized the SEC's regulatory approach, emphasizing the need for legal clarity in the crypto industry. He asserts that the SEC's enforcement actions in the crypto space have been inconsistent and harmful to industry growth, highlighting the need for clear regulations.
Amicus Brief Filed in Coinbase v. SEC Case Highlights Concerns over Crypto Regulation
New York, NY – Prominent crypto advocate and pro-XRP lawyer John Deaton has filed an amicus brief in support of Coinbase's motion to certify an interlocutory appeal in its ongoing lawsuit with the U.S. Securities and Exchange Commission (SEC). In his petition submitted to the U.S. District Court for the Southern District of New York, Deaton vehemently criticizes the SEC's regulatory approach while stressing the urgent need for legal clarity in the cryptocurrency space.
Coinbase's Motion for Interlocutory Appeal
On April 12, Coinbase filed a motion seeking an interlocutory appeal in its legal battle against the SEC, which alleges violations of U.S. securities laws. The motion centers on the fundamental question of whether an investment contract can be established solely through transactions involving no post-sale obligations.
Coinbase argues that this issue constitutes a "controlling question of law" given the divergent interpretations between the exchange and the SEC. The defendants also contend that a clear legal definition of an investment contract is crucial for the outcome of the case.
John Deaton's Amicus Brief
Deaton, a staunch crypto supporter and candidate for the U.S. Senate against crypto critic Sen. Elizabeth Warren, has submitted an amicus brief supporting Coinbase's request for an interlocutory appeal. The brief represents the interests of 4,701 Coinbase customers, who Deaton believes should have a voice in the proceedings as potential parties affected by the court's ruling.
"It is imperative that end users of the technology have representation and are not silenced by a biased and politically motivated agency," Deaton asserts. "However, this does not imply that they desire Coinbase to serve as their spokesperson either. The SEC possesses boundless resources funded by taxpayers, and Coinbase is a multibillion-dollar corporation with access to the most exceptional legal counsel. Consumers deserve their own advocate and a voice in this matter."
Criticism of SEC Regulatory Approach
In his amicus brief, Deaton strongly criticizes the SEC's enforcement actions in the crypto space, emphasizing the glaring inconsistencies in the agency's approach. In particular, he challenges the SEC's argument that only tokens with an ecosystem can be classified as securities.
"Bitcoin undoubtedly stands apart from other cryptocurrencies, but asserting that it is not a security because it lacks an ecosystem is simply illogical," Deaton argues.
Deaton reiterates the dire need for clear regulatory guidelines for the U.S. crypto industry, underscoring that the SEC's current adversarial and inconsistent stance stifles the growth of this emerging sector.
Conclusion
Deaton's amicus brief highlights the ongoing battle between crypto proponents and the SEC over the regulation of digital assets. The outcome of the Coinbase v. SEC case could have significant implications for the future of the crypto industry, and the participation of end users in the proceedings ensures that their interests are represented. As the lawsuit progresses, observers will closely monitor the arguments presented by both sides and the rulings made by the courts, hoping for a resolution that fosters innovation and protects investors in the rapidly evolving digital asset landscape.
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