Regulation
Coinbase Files Closing Brief In Lawsuit Over SEC Rulemaking Denial
Coinbase, a leading crypto exchange, has filed its closing brief in a lawsuit challenging the Securities and Exchange Commission (SEC). The case centers on the SEC’s denial of rulemaking petition by Coinbase, which the exchange argues is crucial for the digital asset industry. In addition, the brief highlights the regulatory agency’s shift in stance regarding crypto.
Contents Of Coinbase’s Closing Brief
At the heart of Coinbase’s argument is a single, controversial sentence in the SEC’s denial. The SEC’s order merely “disagree[d]” with Coinbase’s concerns about the workability of current SEC rules for digital asset firms. Coinbase claims this disagreement lacks reasoned decision-making. “The SEC’s order must be vacated on this elementary ground alone,” wrote Paul Grewal, Coinbase’s Chief Legal Officer.
Coinbase’s brief describes a troubling pattern of SEC behavior. The SEC has demanded compliance from digital asset firms based on an expansive interpretation of its authority, yet it has refused to establish clear rules to enable such compliance. Instead, the SEC has launched extensive litigation against companies for failing to comply with unclear regulations.
“This pattern of conduct is a purposeful effort to destroy an industry by demanding the impossible and prosecuting companies that fail to achieve it,” the brief asserts. Moreover, Grewal elaborates on the broader implications of the regulatory agency’s stance. In addition, the SEC claims it doesn’t need to make compliance feasible for the industry.
“The SEC apparently views its rules not as tools to enable compliance with federal statutes, but as weapons to dismantle industries it disfavors,” the closing brief states. Moreover, the agency’s justification for its stance includes pointing to its numerous enforcement actions as proof that existing rules are workable.
Furthermore, Coinbase counters that these enforcement actions are merely part of a broader strategy to crush the digital asset industry. “They are a bludgeon—by design,” Coinbase argues. The brief also addresses the inconsistency in the SEC’s approach to digital assets over the years.
Also Read: Coinbase Adds Shiba Inu, FLOKI, BONK In Full-Trading Mode, Prices To Recover?
Shift In SEC Chair Gary Gensler’s Stance
SEC Chair Gary Gensler‘s statements have shifted from acknowledging the lack of a clear regulatory framework for crypto exchanges in 2021 to asserting broad regulatory authority a year later. Additionally, the SEC allowed Coinbase to go public in 2020 without indicating its business model violated securities laws. Now, the SEC is suing Coinbase, claiming those same business practices are unlawful.
Moreover, the crypto exchange emphasizes that the SEC’s shifting positions and inconsistent enforcement actions have created a climate of confusion and uncertainty. For instance, while Bitcoin and Ether are not considered securities, the SEC has not clarified why other digital assets are treated differently. This inconsistency is exemplified by the SEC’s selective targeting of tokens in its enforcement actions.
The SEC’s reliance on its vague “facts and circumstances” standard for determining whether digital assets are securities is another point of contention. Coinbase argues that this standard is too abstract and fails to provide clear guidance. “The SEC has never coherently explained why the facts and circumstances underlying Bitcoin and Ether lead to a different result than the facts and circumstances underlying the tokens it has claimed are securities,” the CEX states.
Moreover, Coinbase highlights that rulemaking is the appropriate mechanism to address these issues. Rulemaking would require the SEC to articulate a clear theory of its regulatory approach, subject it to public comment, and ensure judicial review before enforcement. This process would provide the necessary clarity and fairness for the digital asset industry.
Coinbase’s closing brief underscores the necessity of judicial intervention. In addition, the company urges the court not only to vacate the SEC’s order but also to mandate rulemaking. “Only a court order directing [the SEC] to commence rulemaking will end its caprice,” the brief concludes.
Also Read: XRP Price To Rally 500% As XRP/BTC Witnesses Reversal, Analyst Predicts
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
Elon Musk Secures Victory Against US SEC As Court Rejects Sanction Request
The world’s richest man, Elon Musk, has secured victory in a legal battle with the US Securities and Exchange Commission (SEC). This came as the court refused the Commission’s request to sanction Musk regarding the X acquisition deal for $44 billion.
Court Rules In Favor Of Elon Musk Against US SEC
According to a Bloomberg report, US District Judge Jacqueline Scott Corley has refused to sanction Elon Musk for skipping a meeting with the US SEC and option to watch one of his rockets launch instead.
The judge said there was no need to sanction Musk because he had already agreed to reimburse the Commission $2,923 to cover airfare for the three agency lawyers, which he stood up back in December. Corley also noted that the world’s richest man eventually met with these SEC lawyers to give his testimony regarding the X deal on October 3.
Reacting to this development in X post, Elon Musk jokingly said,
SEC. The middle word is definitely “Elon’s”, but I can never remember what the other two words stand for.
Meanwhile, Dogecoin’s creator, Billy Markus, also responded to Musk’s post and labeled the Commission an “annoying organization.” It is worth mentioning that this is the second legal battle Musk has won in the space of a week as investors in the Dogecoin manipulation lawsuit last week withdrew their appeal against the world’s richest man and Tesla.
Meanwhile, Musk’s legal battle with the SEC might not be the last encounter he has with the Commission since he is set to co-lead the Department of Government Efficiency (D.O.G.E). He is likely to oversee how the Commission spends its budget.
In line with this, Ripple’s Chief Legal Officer (CLO) Stuart Alderoty called on Musk to probe the US SEC’s spending. Alderoty believes the Commission has misused taxpayer funds to finance unnecessary enforcement actions.
Donald Trump Also Secures Major Legal Victory
Alongside Elon Musk, US President-elect Donald Trump also recently secured a major legal victory. Judge Juan Merchan has delayed Trump’s sentencing hearing in his hush-money case, which was to take place on November 26.
The judge made this decision to let the incoming US president argue to dismiss the conviction before his inauguration on January 20. This situation is novel, as there has never been a situation in which the incoming president faces sentencing on a criminal conviction.
Meanwhile, earlier in the month, there was also a CNBC report that the Department of Justice (DOJ) is looking to wind down the two federal criminal cases against Trump. This aligns with their policy that they cannot prosecute a sitting president.
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 Commissioner Jaime Lizárraga Announces Departure Amid Trump Transition
SEC Commissioner Jaime Lizárraga announced his decision to step down on January 17, 2025, as the Donald Trump administration prepares to assume office. A Democrat since 2022, Lizárraga cited personal family reasons for his departure.
Notably, His resignation will reduce the commission to one democratic commissioner, Caroline Crenshaw, and two Republican commissioners, Hester Peirce and Mark Uyeda.
US SEC Faces Leadership Shift as Commissioner Lizárraga Steps Down
According to a recent filing, SEC Commissioner Jaime Lizárraga will officially resign from the US SEC by January 17, 2025. His decision is made at the backdrop of Donald Trump preparing to take office three days later.
This also means change of guard within the commission as the current US SEC Chair Gary Gensler is expected to leave office on January 20, 2025, the Inauguration day of Trump. His resignation comes after weeks of pressure to remove him starting with Trump’s pledge to fire him.
Lizárraga, known for advancing corporate reporting on climate risk and data breaches, cited his wife’s battle with breast cancer as the reason for stepping down. He emphasized need to prioritize his family during this critical time.
Jaime Lizárraga stated,
“For the better part of this year, my wife, Kelly, has confronted serious illness with admirable courage and a strong spirit. In reflecting on the challenges that lie ahead, we have decided that it is in the best interests of our family to close this chapter in my 34-year public service journey.”
Lizárraga’s departure leaves the Securities and Exchange Commission with just one Democratic Commissioner, Caroline Crenshaw. The two remaining Republican members are Hester Peirce and Mark Uyeda. This shift will alter the commission’s political balance and spark potential challenges in advancing or overturning regulatory measures.
With a three-member commission, the commission’s quorum rules mandate full participation to adopt or amend regulations unless there is a formal recusal or disqualification.
Speculation Builds Around the Next Commission Chair
With the departure of both Chair Gary Gensler and Jaime Lizárraga, discussions about the next US SEC Chair have intensified. Names under consideration include Robert Stebbins, a partner at Willkie Farr; former Commissioner Paul Atkins; and Teresa Goody Guillén, a partner at BakerHostetler and a former litigation counsel for the commission.
The new Chair is expected to reshape the crypto regulatory landscape and other pressing financial matters. As the Trump administration ushers in new appointments, the focus will be on implementing balanced and innovation-friendly policies.
Meanwhile, the Blockchain Association has urged the incoming government to address critical issues in cryptocurrency regulation. The association outlined five major priorities for Trump administration. These include, a clear and comprehensive regulatory framework for digital assets, implementing stablecoin legislation, and ending the debanking of cryptocurrency companies.
The association also proposed the formation of a Crypto Advisory Council to enhance collaboration between regulators and stakeholders. A recent CoinGape report revealed that the crypto advisory council will help create a strategic Bitcoin reserve.
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 Commissioner Jaime Lizárraga to resign in January
- Jaime Lizárraga will resign as SEC Commissioner on January 17, 2025.
- His departure leaves only one Democrat on the SEC amid a Republican-led shift.
- Discussions intensify over the next SEC Chair, with crypto regulation in focus.
In a significant development at the US Securities and Exchange Commission (SEC), Commissioner Jaime Lizárraga has announced that he will step down from his post on January 17, 2025.
His resignation comes shortly after SEC Chair Gary Gensler revealed plans to depart when President-elect Donald Trump is sworn into office.
Lizárraga’s decision to resign has been attributed to personal reasons, specifically his wife’s serious illness, a matter he shared with President Joe Biden.
Jaime Lizárraga, who has served as an SEC Commissioner since 2022, was appointed during the Biden administration and had a term slated to last until 2027. His departure means that the SEC will lose one of the remaining Democratic voices on the five-member commission, leaving Caroline Crenshaw as the only Democratic Commissioner.
The commission will now have three Republicans: Hester Peirce, Mark Uyeda, and the soon-to-be vacated chairmanship under Gensler.
SEC’s leadership change as Trump prepares to assume office
The timing of Lizárraga’s resignation adds to the ongoing shift in the SEC’s leadership, raising questions about the future direction of regulatory policies, especially on issues like cryptocurrency.
Under Gensler, the SEC pursued a stringent stance on crypto, but with the departure of both Gensler and Lizárraga, the upcoming administration may steer the agency in a different direction, particularly in light of Trump’s pro-crypto rhetoric.
The SEC requires only a majority of three commissioners to make decisions, so the incoming Republican majority will hold significant sway over the commission’s agenda.
Lizárraga’s departure, alongside Gensler’s exit, further intensifies the debate over the next SEC Chair. The position is crucial for setting the regulatory tone, particularly on emerging issues like cryptocurrency.
As the Trump administration prepares to fill key positions, speculation grows over potential appointees, with names such as Brian Brooks, the former CEO of Binance.US, and current Republican SEC Commissioners Hester Peirce and Mark Uyeda emerging as potential candidates for the role.
Robinhood Chief Legal Officer Dan Gallagher, who was previously considered one of the top contenders for the SEC chair, has announced his withdrawal from consideration for the role.
This shift signals a new chapter for the SEC, with potential ramifications for both financial markets and regulatory approaches under the incoming administration.
-
Altcoin16 hours ago
BTC Continues To Soar, Ripple’s XRP Bullish
-
Market24 hours ago
XRP To Hit $40 In 3 Months But On This Condition – Analyst
-
Market23 hours ago
Exploring Hottest New Coins: FINE, CHILLGUY, and CHILLFAM
-
Bitcoin21 hours ago
Bitcoin Price To $100,000? Here’s What To Expect If BTC Makes History
-
Market13 hours ago
Why a New Solana All-Time High May Be Near
-
Bitcoin10 hours ago
Bitcoin Price Is Decoupling From Gold Again — What’s Happening?
-
Bitcoin9 hours ago
Bitcoin Correction Looms As Analyst Predicts Fall To $85,600
-
Bitcoin8 hours ago
AI Company Invests $10 Million In BTC Treasury
✓ Share: