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Cryptocurrency News Articles
SEC Lawsuit Against Coinbase Allowed to Advance, Raising Questions About Crypto Status
Mar 27, 2024 at 04:06 pm
A federal judge has ruled that the SEC's lawsuit against Coinbase can proceed, finding the agency's arguments "plausible." The judge dismissed Coinbase's motion to dismiss the case in its entirety, allowing the SEC to pursue claims that Coinbase operates as an unregistered securities exchange and that its crypto staking programs constitute unregistered securities offerings. However, the judge dismissed the SEC's claim that Coinbase's Coinbase Wallet conducts brokerage activity. Coinbase has stated that it is not surprised by the ruling and that it will continue to pursue clarity in the case.
Judge Allows SEC's Case Against Coinbase to Proceed
Is Crypto a Security or Not?
A federal judge has ruled that the U.S. Securities and Exchange Commission (SEC) has a plausible case against Coinbase, allowing the lawsuit to move forward. This decision suggests that the SEC's broader stance on cryptocurrencies as securities may have merit.
Coinbase's Unregistered Exchange
The SEC claims that Coinbase operates as an unregistered securities exchange for both retail and institutional investors. Judge Failla agreed, finding that the exchange's activities meet the definition of "security" under existing legal standards.
Staking as Unregistered Securities
Another SEC allegation is that Coinbase's crypto staking programs constitute unregistered securities offerings. Judge Failla concurred, indicating that the staking programs involve investments that expect profits from the efforts of others, thus falling under the SEC's jurisdiction.
Brokerage Claim Dismissed
However, Judge Failla dismissed the SEC's claim that Coinbase is acting as a broker-dealer through its Coinbase Wallet. The judge's reasoning on this point was narrow and specific to the legal definition of brokerage.
Coinbase's Reaction
Coinbase's Chief Legal Officer, Paul Grewal, expressed no surprise at the ruling, stating that early motions against government agencies are typically denied. He emphasized that the company is seeking clarity in this legal battle.
Discovery Phase Begins
The case will now enter the discovery phase, where both parties exchange information and evidence. Judge Failla has instructed them to submit case management plans by April 19.
Implications for Crypto Industry
Beyond Coinbase's specific case, Judge Failla's ruling may signal wider challenges for the crypto industry. Her rejection of Coinbase's argument that the SEC has violated federal law by not disclosing its crypto policy suggests that the agency's approach has legal standing.
SEC's Lack of Disclosure Defense Rejected
Judge Failla dismissed Coinbase's claim that the SEC's failure to disclose its crypto policy represents a legal violation. She clarified that the SEC is not announcing a new policy but applying existing standards to determine the nature of crypto-asset transactions.
Crypto Industry's Ongoing Battle
This ruling underscores the ongoing regulatory scrutiny of the crypto industry by federal agencies. The DeFi Education Fund recently filed a lawsuit against the SEC on similar grounds, highlighting the industry's broader challenge in navigating the regulatory landscape.
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