The United States Securities and Exchange Commission (SEC) has taken a strong stance in its legal battle with Coinbase, a leading cryptocurrency exchange. The SEC has officially opposed Coinbase’s motion to dismiss a lawsuit filed against the company, signaling an intensifying legal showdown.
Coinbase’s legal chief, Paul Grewal, tweeted the matter, expressing his disappointment with the SEC’s position. He criticized the SEC for making sweeping claims about the law without providing proper legal citations.
The exchange has been adamant that the assets it lists on its platform are not securities and, therefore, fall outside the SEC’s regulatory jurisdiction. They argued that recent court decisions have supported this stance, emphasizing that labeling cryptocurrencies as securities would have absurd consequences, likening them to items like Pokemon cards, stamps, or Swiftie bracelets.
Grewal also highlighted the growing support within the crypto industry for clear regulations. He mentioned a recent event where founders from over 40 crypto companies gathered in Washington, D.C., as part of the #Standwithcrypto initiative to advocate for responsible legislation that fosters innovation, protects consumers, and generates job opportunities.
Coinbase Accused of Prior Knowledge
The SEC’s latest filing, submitted on October 3rd to a New York District Court, counters Coinbase’s dismissal motion. The SEC reiterated its belief that certain cryptocurrencies offered on the exchange’s platform qualify as investment contracts under the Howey Test, making them subject to SEC registration. According to the SEC, these crypto assets encouraged investors to expect returns based on the issuer’s plans to enhance the assets’ value.
Furthermore, the SEC accused the exchange of being aware of the securities nature of some cryptocurrencies, especially if they meet the Howey Test criteria, and alleged that Coinbase acknowledged this fact in its dealings with the SEC. The SEC also dismissed the argument regarding the “major questions doctrine,” asserting that its authority over the crypto market is within its purview per existing federal securities laws.
However, the legal battle between Coinbase and the SEC is set to continue, with Coinbase expected to file its reply on October 24th. The outcome of this case could have significant implications for regulating cryptocurrencies in the United States.
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