Regulation
Coinbase CLO Debunks SEC Crypto Asset Security Claims Before Gensler Hearing
Coinbase CLO Paul Grewal and Ripple CLO have challenged the SEC’s terminology of “crypto asset security,” a term increasingly used by the regulatory agency. His criticism comes at a time when the SEC is under pressure for coming up with this term yet there is no law in the United States that supports it.
The issue has gained much attention especially given that the SEC Chair, Gary Gensler and all the five SEC Commissioners are expected to appear before the House Financial Services Committee in a hearing.
Coinbase CLO Questions SEC’s Use of “Crypto Asset Security”
Grewal posted on X to comment that the term “crypto asset security” is not uniform or well-established in the SEC enforcement measures. The Coinbase CLO also noted that the SEC has been inconsistent in its treatment of tokens as securities and as investment contracts in different legal contexts.
It’s also never been “consistently maintained” by @SECGov as it claims as referring to broader investment contract transactions. Again and again they’ve argued that these are the tokens themselves— exactly the opposite of what they’ve told a federal court. https://t.co/tUAzQCSa0W
— paulgrewal.eth (@iampaulgrewal) September 19, 2024
Such allegations come as Rep. Ritchie Torres, a New York Congressman, has made similar concerns earlier this month during a congressional hearing and challenged the SEC’sterminology.
The term ‘digital asset security’ or ‘crypto asset security’ is also not found in any law, regulation or Supreme Court judgement which adds to the criticism from the proponents of blockchain and lawmakers. Some of the legal scholars have also opined that the SEC made up the term without any statutory backing, including Daniel Gallagher, the Chief Legal Officer at Robinhood.
Ripple’s Legal Officer Joins the Criticism
Ripple CLO, Stuart Alderoty, also shared similar sentiments with the Coinbase CLO, saying that the SEC is taking advantage of the terminology used in the court. Alderoty noted that the SEC’s continued reference to “crypto asset security” in legal documents has begun to raise pushback.
For instance, the SEC recently apologized for using the term in the complaint against Binance, acknowledging that its use was misleading.
This critique comes at a time when Ripple is still in a legal tussle with the SEC over the status of XRP as a security. Alderoty argued that the SEC’s inconsistencies are eroding its capability to be convincing in the courts.
SEC Under Scrutiny Ahead of Congressional Testimony
Next week, all five SEC Commissioners, including Chair Gary Gensler, will testify before the House Financial Services Committee, which is the first time since 2019 when the whole commission will stand before Congress. This hearing comes in the backdrop of a growing sentiment among legislators and industry participants who have accused the SEC of having a hostile approach towards blockchain technology.
Some of the key concerns have been expressed by House Majority Whip Tom Emmer and Chairman Patrick McHenry regarding the SEC’s stance on regulating crypto airdrops that they consider crucial for decentralizing blockchain networks. Some of them directly accused the agency of brushing up the issues asserting that its regulation model inaptly fits the growing digital asset sector.
Apart from Coinbase CLO and Ripple CLO challenging the legal direction of the SEC, Gensler faces the probe over allegations of Illegal hiring at the company. This probe may complicate his upcoming hearings before the House Financial Services Committee where he is likely to face questions not only about the SEC’s stance to digital assets but also concerning the agency’s management.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
Regulation
US SEC Publishes Grayscale’s Digital Large Fund Cap Filing In Federal Register
The US Securities and Exchange Commission (SEC) has published Grayscale’s 19b-4 filing for its Digital Large Cap Fund in the Federal Register. This significant development has officially kickstarted the US SEC’s review process for the asset manager’s application to convert this fund into an ETF.
US SEC Publishes Grayscale’s Filing In Federal Register
Grayscale announced in a press release that the US SEC has published the NYSE’s 19b-4 filing to list and trade its Digital Large Cap Fund as an Exchange-Traded Product (ETP) in the Federal Register.
This formally initiates the review process for the Commission to review and possibly approve the application. As noted in the press release, this review process can take up to 240 days before the regulator must decide whether to approve or deny the application.
If the US SEC approves the NYSE’s proposed rule change, it would be the first time a national securities exchange would list and trade shares of multi-crypto asset ETPs. The SEC’s acknowledgment of the 19b-4 filing just comes around two weeks after the asset manager filed to convert the Digital Large Cap Fund into an ETF.
According to Grayscale, as of November 1, the GDLC currently holds over $530 million in assets under management (AuM) for the fund. The fund holds Bitcoin, Ethereum, Solana, XRP, and Avalance, which are weighted according to their respective market caps.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
Regulation
Former SEC Official Criticizes Wells Notice Against Immutable
Former SEC official Marc Fagel has voiced concerns over the Securities and Exchange Commission’s recent issuance of a Wells Notice to Immutable, an Ethereum-based Web3 gaming company. Immutable claims that the Wells Notice arrived with limited prior communication or explanation, marking a sharp departure from what is typically a more extensive investigative process.
Fagel commented that it is unusual for the SEC to issue such notices without first conducting a thorough investigation, suggesting that this approach could be “risky.”
Former SEC Official Questions Rapid Wells Notice Issued to Immutable
Immutable announced it had received a sudden Wells Notice from the U.S. Securities and Exchange Commission (SEC). The notice, which serves as a formal alert for potential enforcement action, cited alleged securities law violations related to private IMX token sales in 2021. However, the specifics of these alleged violations were minimally detailed in the notice, sparking questions about the SEC’s procedural approach.
Former SEC Official Marc Fagel commented on the surprise issuance, noting that it’s uncommon for the agency to send such a notice without preliminary investigation. In typical cases, companies expect several months of interviews or exchanges before receiving a Wells Notice, and Fagel stated that deviating from this standard practice could be seen as “risky.”
In a heated discussion on the X platform, the former SEC official added,
“BTW, it’s hard to believe the SEC would Wells without conducting sufficient investigation to support the claims; way too risky outside the TRO scenario. That said, I’ve heard plenty of anecdotes about the crypto unit dropping a Wells out of the blue, which is kinda scuzzy.”
Wells Notice Reflects SEC’s “Regulation by Enforcement” Strategy
The crypto sector has witnessed similar actions, with companies such as Coinbase, Consensys, and Crypto.com also receiving Wells Notices. The sudden notice aligns with a broader trend criticized as “regulation by enforcement.” Here, the agency proceeds with legal action rather than establishing clear compliance guidelines.
Immutable pointed out that its interaction with the SEC was exceptionally brief before the Wells Notice was issued. More so, they noted that it lacked meaningful explanation, containing fewer than 20 words specifying the alleged securities violations.
The Securities and Exchange Commission approach has caused considerable frustration within the crypto community. Fagel highlighted that the SEC’s surprising strategy of issuing Wells Notices abruptly in the crypto sector has become increasingly common.
ConsenSys Responds to SEC Claims on MetaMask
In parallel, blockchain company ConsenSys recently filed a response to the SEC’s claims regarding alleged securities violations by MetaMask. ConsenSys disputed the allegations, stating that MetaMask’s product embodies essential blockchain principles. It allows users to interact in a decentralized way. The company also reinforced its commitment to defending its product and technology within the legal framework.
Notably, under SEC Chair Gary Gensler, crypto firms have reported heightened compliance burdens. Regulatory enforcement actions have cost the industry an estimated $400 million, according to the Blockchain Association. These reports aligns with what the former SEC official, Marc Fagel, terms as “scuzzy”.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
Regulation
Why A 25Bps Cut Is “Pretty Straightforward”
Former Cleveland Fed President Loretta Mester recently discussed a potential Fed rate cut at the November FOMC meeting. She said that a 25 basis point (bps) cut seems pretty straightforward at this point and explained why.
A 25bps Fed Rate Cut Is “Pretty Straightforward”
Loretta Mester mentioned during a CNBC interview that a 25 basis point Fed rate cut seems pretty straightforward at this point, considering that inflation has come down quite a bit from its peak even though it is not yet at the US Federal Reserve’s 2% target.
She alluded to all the recent inflation data since the September FOMC meeting, which she claimed doesn’t change the base narrative that inflation has come down and the growing confidence that it will continue to trend downward.
The former Fed president also noted that the unemployment rate is moderating, and the job data shows that the labor market is healthy. As such, she remarked that the Fed should be trying to implement monetary easing policies as the US economy normalizes.
Mester’s comments come amid the release of the US job data, which showed that the non-farm payroll rose by 12,000 in October, lower than the expected 110,000. Meanwhile, the unemployment rate remained unchanged at 4.1%.
Commenting on this, the former Cleveland Fed president said that the lower-than-expected job figures were likely due to the hurricanes in the United States last month. She added that she is glad the unemployment rate remained unchanged as it showed that the US economy isn’t as weak as the non-farm payroll suggested.
Like Mester, traders seem confident that a 25bps Fed rate cut should be the Fed’s next step. FedWatch tool data shows there is a 99.8% probability of the Federal Reserve cutting interest rates by 25 bps at its November FOMC meeting.
The Significance Of The Fed’s Decision
A 25bps Fed rate cut is significant as it could be the catalyst for a Bitcoin price rise past its current all-time high (ATH) of $73,700. Bitcoin and the broader crypto market reacted positively in September following the 50 bps rate cut at the September FOMC meeting.
It is worth mentioning that a Fed Rate cut decision will come just two days after the November 5 US presidential elections. As such, the aftermath of the elections, coupled with a rate cut, is the perfect recipe for a BTC and crypto market rally.
Crypto stakeholders like BitMEX co-founder Arthur Hayes have suggested that the crypto community should focus even more on the Fed’s decision rather than the US election. Arthur Hayes claimed that the US election outcome won’t impact BTC. Instead, he remarked that money printing and increased US debt issuance could ultimately boost Bitcoin.
However, according to a CoinGape market analysis, the Bitcoin price could suffer an 8% to 13% correction should Kamala Harris win the election. Meanwhile, if Donald Trump wins, BTC could easily surge past its ATH and rise to as high as $80,000.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
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