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Will Kraken’s Jury Trial Request Tilt SEC Crypto Crackdown?

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Kraken has officially requested a jury trial in its ongoing legal battle against the U.S. Securities and Exchange Commission (SEC). The request was made after a U.S. district court in California ruled that the lawsuit, which alleges the exchange operated as an unregistered securities exchange, broker, and clearing agent, would proceed to trial. This decision mirrors outcomes in similar cases against other major crypto exchanges such as Binance and Coinbase.

Kraken Requests Jury Trial in SEC Litigation

In a recent court filing, Kraken formally demanded a jury trial to contest the allegations brought forward by the US SEC. The exchange has denied all claims of illegal conduct, asserting that it has not engaged in activities that would classify it as a securities exchange, broker, or clearing agent under existing federal laws. 

This request for a jury trial comes after the court denied Kraken’s motion to dismiss the lawsuit in August. The firm aims to present its case before a panel of peers, seeking a fair evaluation of its defenses.

More so, this decision highlights the broader tension between cryptocurrency platforms and regulatory bodies.

Kraken’s Defense Arguments Against SEC

Kraken has presented several defenses in response to the U.S. Securities and Exchange Commission lawsuit. The company emphasizes that the digital assets listed on its platform do not qualify as securities.

Furthermore, the exchange maintains that it was not required to register with the US SEC. It argues that it does not meet the definitions of a broker or clearinghouse as outlined in the Securities Act and the Exchange Act.

The crypto platform also contends that the U.S. Securities and Exchange Commission lacks the authority to regulate its operations. It asserts that the digital assets themselves do not carry the obligations typical to traditional financial securities.

Additionally, the firm has accused the SEC of acting without due process and fair notice, suggesting that the regulatory actions were taken in violation of the First Amendment. The exchange maintains that the terms used by the SEC, such as “crypto asset securities” are ambiguous and lack clear definitions, making it difficult to comply with crypto regulations effectively.

Industry Reactions and Regulatory Clarifications

The SEC has faced criticism from various crypto firms for using vague terminology to justify its securities violation charges. Though not a direct response to Kraken’s filing, the regulatory body clarified its stance in its amended complaint against Binance, stating that “crypto asset securities” do not refer to the crypto assets themselves. 

This clarification was met with skepticism by industry leaders, including Ripple’s chief legal officer Stuart Alderoty. Stuart criticized the U.S. Securities and Exchange Commission for creating confusion with inconsistent terminology.

However, the SEC continues to pursue its enforcement strategy, asserting that these tokens are sold as investment contracts in secondary markets. Coinbase’s chief legal officer, Paul Grewal, highlighted the SEC’s ongoing challenges in defining and regulating digital assets. He indicated that the crackdown on major exchanges is likely to persist.

Kraken continues to face legal hurdles beyond the United States. Recently, Australia’s Federal Court ruled that the firm’s fiat margin extensions are regulated, but its crypto margin extensions are not.

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Ronny Mugendi

Ronny Mugendi is a seasoned crypto journalist with four years of professional experience, having contributed significantly to various media outlets on cryptocurrency trends and technologies. His work includes notable contributions to Cryptopolitan and Coingape News Media, where he shares his insights on the latest developments in the cryptocurrency market. Outside of his journalism career, Ronny enjoys the thrill of bike riding, exploring new trails and landscapes.

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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UK to unveil crypto and stablecoin regulatory framework early next year

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UK to unveil crypto and stablecoin regulatory framework early next year
  • The UK will introduce unified crypto regulations, including stablecoins, in early 2025.
  • New rules aim to simplify oversight and avoid restrictive staking classifications.
  • Labour government aims to compete with EU’s MiCA rules and US pro-crypto policies.

The United Kingdom is set to introduce a comprehensive regulatory framework for cryptocurrencies, stablecoins, and crypto staking services in early 2025, marking a pivotal shift in its approach to digital assets.

The announcement was made by the Economic Secretary to the Treasury Tulip Siddiq at City & Financial Global’s Tokenisation Summit in London on November 21.

Initially slated for December 2024, the regulatory rollout was delayed due to the change in government following the election of Prime Minister Keir Starmer’s Labour administration in July 2024.

The upcoming UK crypto regulatory framework

The upcoming framework consolidates regulations for crypto assets into a single, overarching regime, a decision Siddiq described as “simpler and more logical.”

The framework aims to provide clarity in a rapidly growing sector that has faced uncertainty in the UK.

Stablecoins will receive distinct treatment under these regulations, as their functionality does not align with existing payment services rules.

Siddiq highlighted that staking services would also avoid being designated as “collective investment schemes,” a classification that could impose burdensome restrictions.

UK aims to align with the global crypto regulatory landscape

The UK government’s renewed focus on digital asset regulation comes as it seeks to align with global developments. The European Union’s Markets in Crypto-Assets (MiCA) regulations will be fully enforced by the end of 2024, offering regulatory certainty that has positioned Europe as an attractive market for the crypto industry.

Meanwhile, the US, under President Donald Trump’s administration, has adopted a markedly pro-crypto stance, including the establishment of a White House “crypto czar” and SEC Chair Gary Gensler’s planned departure in January 2024.

The Labour government has shown its intent to catch up with international competition. In September 2024, it introduced a bill recognizing NFTs, cryptocurrencies, and carbon credits as property.

The new regulatory push reflects the UK’s ambition to regain credibility as a crypto hub while addressing criticisms of the Financial Conduct Authority’s perceived stringent oversight.

By delivering a robust, streamlined framework, the Labour government aims to bolster the UK’s standing in the multibillion-dollar crypto industry.



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Gary Gensler To Step Down As US SEC Chair In January

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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.

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Boluwatife Adeyemi

Boluwatife Adeyemi is a well-experienced crypto news writer and editor who has covered topics that cut across DeFi, NFTs, smart contracts, and blockchain interoperability, among others. Boluwatife has a knack for simplifying the most technical concepts and making it easy for crypto newbies to understand. Away from writing, He is an avid basketball lover and a part-time degen.

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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BitClave Investors Get $4.6M Back In US SEC Settlement Distribution

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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. 

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Kelvin is a distinguished writer with expertise in crypto and finance, holding a Bachelor’s degree in Actuarial Science. Known for his incisive analysis and insightful content, he possesses a strong command of English and excels in conducting thorough research and delivering timely cryptocurrency market updates.

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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