Techspace - The Securities and Exchange Commission on Tuesday, May 6 sued
Coinbase, the largest crypto trading platform in the United States, claiming
that the company broke the law by not registering as a broker.
The lawsuit
follows similar action against Binance earlier in the day, the country's top
securities regulator, filing the lawsuit a day after accusing Binance, the
world's largest cryptocurrency trading exchange, of mishandling customer funds
and lying to American regulators and investors about its operations.
This was done in
an intensified effort to end what violators see as an era of lawlessness in the
cryptocurrency market.
In its filing
Tuesday, S.E.C. details how Coinbase leaders have shown they know how the
marketing and sale of digital assets should be regulated under US law, despite
failing to follow suit.
There were 13
tokens named by the SEC which said Coinbase “has become available for trading
crypto assets offered and sold as investment contracts, as well as securities.”
Among them are tokens for Solana (SOL), the game Axie Infinity (AXS),
blockchain Polygon (MATIC), the virtual world The Sandbox (SAND), and token
“Chiliz” (CHZ) operated by token enthusiast company Socios.
In a statement,
SEC chairman Gary Gensler said, "We allege that Coinbase, despite being
subject to securities laws, aggregated and unlawfully offered the functions of
a currency, broker-dealer, and clearinghouse."
In its
complaint, the SEC said, “Since 2019 at least, through the Coinbase platform,
Coinbase has operated as an unregistered broker… unregistered exchange… and
unregistered clearing agent.”
“By shortlisting
these functions into a single platform and failing to register with the SEC for
any of the three functions, and not qualifying for the applicable purchase from
registration, Coinbase has for years complied with regulatory compliance and
avoided disclosure. requirements that have been created by Congress and the SEC
to protect national securities markets and investors.”
Paul Grewal,
Coinbase's chief legal officer and general counsel, said "The SEC's
reliance on an enforcement-only approach without clear rules for the digital
asset industry is hurting America's economic competitiveness and companies like
Coinbase that have demonstrated a commitment to compliance."
“The solution is
legislation that allows fair rules for roads to be built transparently and
applied fairly, not litigation. In the meantime, we will continue to operate
our business as usual," he added.
With these
federal actions against major crypto companies, along with other lawsuits at
the state level, regulators have sought to reshape the crypto sector by
treating digital asset exchanges like more traditional financial companies,
while pushing out individuals and companies they perceive as actors. wicked.
Coinbase went
public in April 2021, an event that is seen as a milestone for crypto towards the
mainstream. The company handled $830 billion worth of trades last year, with
nearly nine million users making at least one trade per month.
SECOND. says
Coinbase has made billions by reducing sales of crypto assets but depriving
investors of significant protection. The complaint, which was filed in federal
court in Manhattan, claims the company was operating as an unlisted exchange
despite having advised investors in going public that regulators may consider
some of the products marketed on its platform to be securities.
Coinbase
maintains that its business model has the tacit approval of S.E.C. when the
agency approves its initial public offering. The company says it is willing to
work with S.E.C. but disagrees with its position that all digital assets offered
on its trading platform must be registered securities, which requires increased
scrutiny.
Coinbase went
public in April 2021, an event that is seen as a milestone for crypto towards
the mainstream. The company handled $830 billion worth of trades last year,
with nearly nine million users making at least one trade per month.
S.E.C. says
Coinbase has made billions by reducing sales of crypto assets but depriving
investors of significant protection. The complaint, which was filed in federal
court in Manhattan, claims the company was operating as an unlisted exchange
despite having advised investors in going public that regulators may consider
some of the products traded on its platform to be securities.
Coinbase
maintains that its business model has the tacit approval of S.E.C. when the
agency approves its initial public offering. The company says it is willing to
work with S.E.C. but disagrees with its position that all digital assets
offered on its trading platform must be registered securities, which requires
increased scrutiny.
Coinbase went
public in April 2021, an event that is seen as a milestone for crypto towards
the mainstream. The company handled $830 billion worth of trades last year,
with nearly nine million users making at least one trade per month.
S.E.C. says
Coinbase has made billions by reducing sales of crypto assets but depriving
investors of significant protection. The complaint, which was filed in federal
court in Manhattan, claims the company was operating as an unlisted exchange
despite having advised investors in going public that regulators may consider
some of the products traded on its platform to be securities.
Coinbase
maintains that its business model has the tacit approval of S.E.C. when the
agency approves its initial public offering. The company says it is willing to
work with S.E.C. but disagrees with its position that all digital assets
offered on its trading platform must be registered securities, which requires
increased scrutiny.
The move is
consistent with S.E.C.'s long-standing view. that most crypto products are no
different from stocks, bonds, and other securities. That means a company
operating as an exchange and providing a platform for trading and selling
crypto products must be registered like any exchange or broker that facilitates
the trading of stocks or bonds.
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