Regulation
GameStop Short Seller Andrew Left Deleted X Posts Emerge Amid Lawsuit
Andrew Left, a prominent short seller known for his role in the GameStop trading frenzy, is currently facing serious legal trouble from the U.S. Securities and Exchange Commission (SEC). Now, his deleted posts on the social media platform X (formerly Twitter) have resurfaced in a Justice Department indictment. Moreover, the indictment accuses Left of market manipulation and lying to investigators. They also questioned the legality of his past stock commentary and trading practices.
Prosecutor Arguments In GameStop Seller Andrew Left’s Case
Andrew Left and his research firm, Citron Research, gained significant attention during the GameStop short squeeze in early 2021. Left, who had taken a short position on GameStop, publicly criticized the company. He described it as overvalued and predicting its stock price would fall.
However, retail investors, largely mobilized through the Reddit community r/WallStreetBets, drove up GameStop’s stock price. This resulted in substantial losses for short sellers like Left. According to the Justice Department, Andrew Left’s deleted X posts were part of a broader strategy to manipulate the market for his benefit.
Hence, the indictment alleges that Left used the Citron Research account to create “catalysts,” events that could have significant effect on stock prices. Thus, he allegedly profited from his advance knowledge of these market movements.
However, James Spertus, Left’s defense attorney, argued that the indictment misrepresents Left’s actions. Spertus insists that Left’s posts represented his genuine views and that it’s “preposterous” to claim they could significantly move large-cap stocks. Moreover, he argued that Left’s reports included disclaimers advising against trading based on his posts.
Also, the lawyer noted that that all the information Left shared was public, not insider knowledge. In addition, the defense lawyer emphasized that there is no correlation between a stock’s target price and the price at which Left would close his short position. Furthermore, he stated that assuming such a connection is a governmental error, according to a Bloomberg report.
The short seller, who pleaded not guilty in LA this week, is potentially facing decades in prison if found guilty. If the SEC lawsuit against Left goes to trial, it could reveal how short sellers use social media. It might also help distinguish between honest commentary and intentional market manipulation.
Also Read: Do Kwon Faces South Korea Extradition After Court Ruling
Overview of Stock Manipulation By Left
Andrew Left’s indictment details several instances where Left allegedly manipulated stock prices through misleading X posts:
1. Roku Inc.: On January 8, 2019, Left shorted Roku and then labeled the stock “uninvestible” on X. He later deleted the post and replaced it with a more neutral statement. Hence, prosecutors allege this was an intentional effort to manipulate the stock’s price, from which Left profited $700,000.
2. Beyond Meat Inc.: In mid-May 2019, Left built a short position in Beyond Meat. On May 17, he posted disparaging remarks about the company on X. This caused a drop in stock price. He quickly closed his position, earning substantial profits within minutes of his post.
3. American Airlines Group Inc.: On June 5, 2020, Left shorted American Airlines and then posted a negative assessment of the company’s balance sheet. Prosecutors say he closed his position within 43 minutes, making $429,000.
4. Cronos Group Inc.: Left shorted Cronos Group and posted negative comments about the cannabis company on August 30, 2018. Moreover, he began closing his position shortly after his posts, reducing his pre-tweet position by 61% by the end of the day.
5. Tesla Inc.: On October 23, 2018, Left promoted his long position in Tesla stock on X, only to sell more than half of his position minutes later, earning $1 million. He continued to sell off his position over the next trading day, making a total profit of $6.6 million.
6. Nvidia Corp.: On November 20, 2018, Left received a tip and bought Nvidia stock, promoting it on X shortly after. Therafter, he sold all his shares within two hours, making $930,000.
7. Facebook Inc.: On December 26, 2018, Left bought Facebook shares and posted a favorable analysis two days later. He started selling his shares within hours, making $680,000 in profit.
Also Read: Just-In: Elon Musk Faces Legal Hurdles Amid X’s Content Deal Cancelation
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
Gary Gensler To Step Down As US SEC Chair In January
In a recent development, the US Securities and Exchange Commission (SEC) announced that Gary Gensler will step down from his position next year. This follows calls for Gensler to resign since Donald Trump won the US presidential elections.
Gary Gensler To Step Down As US SEC Chair
The US SEC announced in a press release that Gary Gensler will depart the Agency on January 20, 2025. The US SEC Chair also confirmed this development in an X post. Interestingly, this comes on the same day that Donald Trump will be inaugurated as the 47th president of the United States.
Following the announcement, Gensler also used the opportunity to reflect on his time at the Commission. He remarked that it has been an “honor of a lifetime” to serve alongside those at the SEC. He also thanked President Biden for the opportunity to serve in the position. Gensler has been the US SEC Chair since April 2021. During his time, he has spearheaded several litigations against the crypto industry.
This includes the long-running legal battle with Ripple, which Gensler took over from his predecessor Jay Clayton, which bordered on whether XRP was a security. Up till now, the Agency continues to reiterate this ‘digital asset securities’ claim.
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
BitClave Investors Get $4.6M Back In US SEC Settlement Distribution
BitClave investors have started receiving $4.6 million in repayments from the U.S. Securities and Exchange Commission (SEC), following a settlement reached in 2020. The SEC announced on Nov. 20 that payments from the BitClave Fair Fund had been disbursed to eligible investors harmed during the company’s 2017 initial coin offering (ICO).
Pro-XRP lawyer and online commentator “MetaLawMan” criticized the SEC’s stance on digital assets, stating on social media, “Here we go again with ‘digital asset securities.’ Unbelievable.” The lawyer’s statement reflects ongoing industry frustrations over the SEC’s regulatory approach to cryptocurrencies.
BitClave Investors Get $4.6M Back in US SEC Settlement
The US SEC assured the public that $4.6 million was returned to investors who filed the claims and were eligible for the refunds. These funds were agreed upon in 2020 after the SEC accused BitClave of conducting an unregistered ICO.
The company’s initial coin offering (ICO) in 2017 brought in $25.5 million in only 32 seconds and distributed its Consumer Activity Token (CAT) to thousands of buyers. The SEC therefore claimed that the ICO was an unregistered securities transaction because potential investors were induced to invest in the CAT token with an expectation of appreciation of its value.
Under the settlement, BitClave will have to refund the money it raised and also pay $4 million in fines and interest. In between these settlements, John Deaton has accused the regulator of using laws that were set in 1933.
The Fair Fund was therefore created to ensure that the funds are returned to the affected investors. The claims submission period closed in August 2023, and the eligible investors received the information on the claims in March 2024. The Securities and Exchange Commission posted on its social media accounts that the payment has been made, and “the checks are in the mail.”
BitClave Settlement Included Penalties and Token Destruction
In the settlement, BitClave did not accept or reject the accusations made by the SEC but agreed to cough up $29 million. This total consisted of the $25.5 million that was generated in the ICO and the additional $4 million in fines.
Concurrently, the company also committed to burning 1 billion of the catalyst tokens that have not been distributed and to ask exchanges to delist the token.
The Securities and Exchange Commission therefore pointed out that by February 2023, BitClave had only remitted $12m to the Fair Fund, thus leaving questions on the balance of $7.4m. Neither the SEC nor the fund administrator gave further details on the matter, and it is still uncertain as to how the outstanding payment will be collected.
US SEC Maintains Strict Regulatory Stance on Crypto
The US SEC has continued to enforce regulations on crypto companies under the Biden administration, with over 100 enforcement actions taken against the industry. BitClave’s settlement, subsequently, is one of many cases where the regulator has targeted unregistered ICOs and other alleged securities violations.
BitClave’s case, handled under former SEC Chairman Jay Clayton, emphasized the agency’s view that many digital assets fall under securities laws. The CAT white paper described potential value increases, which the regulator argued encouraged speculative investment in an unregistered security.
As the US SEC faces criticism, President-elect Donald Trump has expressed plans to reshape crypto oversight. Trump has promised to remove current SEC Chair Gary Gensler and is reportedly considering creating a new White House position dedicated to cryptocurrency policy.
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 Pushes Timeline For Franklin Templeton Crypto Index ETF
The United States Securities and Exchange Commission (US SEC) has further delayed its decision on Franklin Templeton’s Bitcoin and Ethereum index ETF. From the filing made on November 20, 2024, it has been agreed that the decision on the proposal will be made on January 6, 2025 to afford the regulating authority ample time to consider the proposal.
US SEC Extends Review Period for Franklin Templeton Crypto Index ETF
According to the US SEC filing of November 20, 2024, the commission deferred its decision on the Bitcoin and Ethereum index ETF by Franklin Templeton. Therefore, the regulatory body is seeking to extend the review period to January 6, 2025. The extension will help to have more time to consider the application which was filed on September 19, 2024.
The proposal was first published in the Federal Register on October 8, to kick start a thirty-five (35) days review period. As a result, the review was to end on November 22, 2024. Consequently, the review was to expire on November 22, 2024. However, the SEC’s decision to delay indicates a thorough approach to reviewing the fund’s compliance with crypto regulations.
Meanwhile, no public comments on the proposed rule change have been submitted, leaving the US SEC to focus on internal assessments. This delay concurs with the commission’s conservative approach to the products that are connected with cryptocurrencies. The extra time will allow more detailed research of fund’s organization and market risks.
Franklin Templeton Expands Push Into Cryptocurrency ETFs
Franklin Templeton is broadening its efforts in the cryptocurrency space with its proposed Bitcoin and Ethereum index ETF. The asset manager, which oversees $1.5 trillion in assets, has previously launched a spot Bitcoin ETF and a spot Ethereum ETF.
If approved, the latest ETF would add to Franklin Templeton’s portfolio of crypto-focused investment products, further diversifying options for institutional.
In addition, Franklin Templeton has taken a major step in its tokenization efforts, announcing the expansion of its Benji tokenization platform to the Ethereum network. This marks the fifth blockchain integration for the platform this year, following launches on Aptos, Avalanche, Arbitrum, and Coinbase’s Base.
Despite the US SEC overall crypto ETF delays, other market players are moving further with their strategies . Last week, Bitwise submitted a registration statement to transform the Bitwise 10 Crypto Index Fund which now manages $1.3 billion into an ETP. It investments in Bitcoin represent 75% of the fund and Ethereum is 16% of the fund; these two assets sum up to 91%.
Moreover, the filing comes when diversified crypto index funds seem to be gaining popularity among investors. Bitwise’s move will make investing in cryptocurrencies more accessible for retail audiences. When approved, this ETP will also set a paradigm for the expansion of multi-asset crypto based product offerings.
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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