SEC Drops Coinbase Case, Bybit Hack Overshadows Victory, Lazarus Group Implicated

With no allegations of fraud in the SEC v Coinbase, the SEC's decision to drop the case highlighted the agency's shifting priorities

The Securities and Exchange Commission (SEC) has dropped its case against Coinbase, a major cryptocurrency exchange. The SEC had alleged that Coinbase failed to register its Lend product with the agency, which would have allowed users to earn interest on their crypto holdings. However, Coinbase maintained that its product did not meet the definition of a security and, thus, was not subject to SEC registration.

With no allegations of fraud in the SEC v Coinbase case, the SEC’s decision to drop the case highlighted the agency's shifting priorities under Acting Chair Mark Uyeda and Commissioner Hester Peirce’s Crypto Task Force. Friday’s move also showed that Acting Chain Uyeda isn’t waiting for Paul Atkins’ confirmation to end the agency’s assault on cryptos.

Coinbase was spared from paying any fines or penalties, and the SEC did not have to admit to any wrongdoing on the exchange's part. This outcome is a significant victory for Coinbase and the crypto industry at large. It marks the first time that the SEC has dropped a case involving a crypto exchange without pursuing any further legal action.

The SEC's decision to drop the case is likely due to several factors. First, the SEC may have realized that it did not have a strong case against Coinbase. The SEC's definition of a security is broad and can be applied to a wide range of financial products. However, it is ultimately up to the courts to decide whether a particular product meets the definition of a security. In the case of Coinbase's Lend product, the SEC may have concluded that it was not confident that a court would rule in its favor.

Second, the SEC may have been influenced by the changing regulatory landscape for cryptocurrencies. In March 2023, the Commodity Futures Trading Commission (CFTC) announced that it had reached a settlement with FTX. The CFTC alleged that FTX had engaged in fraud and offered illegal derivatives, which ultimately led to the exchange's collapse. As part of the settlement, the CFTC agreed to pay FTX's customers up to $80 million in restitution.

The CFTC's settlement with FTX was a landmark moment in the regulation of cryptocurrencies. For the first time, a major U.S. regulator acknowledged that crypto derivatives could be legally offered in the United States. This opened the door for crypto exchanges to apply for CFTC licenses and begin offering regulated crypto derivatives to their customers.

In light of the CFTC's actions, the SEC may have felt pressure to take a more moderate approach to regulating cryptocurrencies. By dropping the case against Coinbase, the SEC avoided a direct confrontation with the CFTC and signaled its willingness to work with other regulators to develop a comprehensive regulatory framework for crypto.

Coinbase shares (NASDAQ:COIN) closed down 2.36% on Friday, February 21, to $206.33. XRP, the seventh-largest cryptocurrency by market capitalization, also saw losses on Friday. XRP fell by 4.40% to close at $2.5719. This follows a 1.75% loss on Thursday, with heavier losses than the broader crypto market, which dropped 2.36% to a total market cap of $3.11 trillion.

Coinbase shares slid on Friday as news of a major security breach at Bybit overshadowed the exchange's victory in its SEC case. Bybit, one of the world's largest crypto exchanges, announced on Friday that it had detected unauthorized activity involving one of its ETH cold wallets.

“Bybit detected unauthorized activity involving one of our ETH cold wallets. The incident occurred when our ETH multisig cold wallet executed a transfer to our warm wallet. Unfortunately, this transaction was manipulated through a sophisticated attack that masked the signing interface, displaying the correct address while altering the underlying smart contract logic. As a result, the attacker was able to gain control of the affected ETH cold wallet and transfer its holdings to an unidentified address.”

The exchange added that the affected ETH cold wallet had a balance of 53,820 ETH ($143.4 million at the time of the hack), which was fully covered by Bybit's insurance fund. The exchange also stated that all customer assets remained fully backed 1:1 and that the platform remained operational.

"Upon detecting the suspicious activity, ByBit took immediate action to enhance security measures and halt all cold wallet activity. We engaged our internal security team, third-party auditors, and forensic specialists to investigate the incident thoroughly and identify the perpetrator(s)."

According to Arkham Intelligence, the Bybit hacker's wallets, totaling 53, now held 1,373 ETH ($3.5 billion), down from the initial $3.8 billion. The crypto community can track the Bybit hacker on Arkham.

In response to the hack, Arkham created and funded a bounty to help identify the hacker or hackers. Zachxbt submitted definitive evidence that North Korea's Lazarus Group was