Montana Blasts SEC Regulatory Power Grab in Krakens Case: Crypto Assets Are Not Automatically Securities

Montana introduced an amicus curiae in the case of the SEC vs. Kraken, a US-based crypto exchange, criticizing the “regulatory power grab” of the institution. Montana, supported by seven other states, affirms that crypto assets are not automatically securities and that the SEC’s expansive concept of “investment contract” might preempt state legislation. Montana and Seven [...]

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Kraken Slams SEC: Lawsuit or Retaliation Scheme?

The second-largest crypto exchange, Kraken, has sought to dismiss the SEC suit. Alleging that the regulator “threatened” with the lawsuit after the Congress testimony by its Chief Legal Officer, the exchange accused the agency of “retaliation, intimidation, and harassment.” Last year, the SEC filed charges against Payward Inc. and Payward Ventures Inc., collectively known as […]

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SEC Deems DASH, ALGO, and OMG ‘Unregistered Securities’ in Bittrex Lawsuit

According to the recent complaint by the U.S. Securities and Exchange Commission (SEC) against Bittrex, the securities regulator insists that a few crypto asset tokens were offered and sold as investment contracts and are securities. The news follows the SEC’s designation of several crypto assets as securities, including the case against Terraform Labs, which insists [...]

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‘Near impossible to know’ what is and isn’t a security: Mark Cuban on SEC

Billionaire investor Mark Cuban has become one of the latest industry figures to call out the United States securities regulator for purportedly failing to provide cryptocurrency firms with a clear registration process. The Shark Tank investor claimed in a June 11 Twitter post that no registration exists in the SEC’s “Framework for “Investment Contract” Analysis [...]

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XRP Not a Security According to Hogan

Jeremy Hogan, partner at Hogan & Hogan, argues that Ripple’s XRP does not fit the definition of an investment contract and is therefore not a security. The SEC lawsuit against Ripple claims that the company illegally sold XRP as an unregistered security, but Hogan argues that the SEC has not demonstrated an implied or explicit investment contract. (Read More)

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SEC States Coinbase Misinteprets Howey Test, Misuses Major Questions Doctrine

The U.S. Securities and Exchange Commission (SEC) answered the latest filing of Coinbase by shooting down the arguments presented by the exchange to throw out the ongoing lawsuit. The filing reaffirms the institution’s jurisdiction on securities laws, explaining that Coinbase misinterprets the Howey test and criticizing the “major questions doctrine” usage in the case. SEC

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Coinbase Urges Court to Dismiss SEC Case, Claiming Regulator ‘Overstepped’ Its Statutory Authority

In a motion for judgment filed on August 4, Coinbase hit back against the SEC’s lawsuit alleging it facilitated unregistered trading of securities, arguing the agency lacks authority to regulate digital assets in this way. Coinbase Fights Back Against SEC’s Crypto Exchange Lawsuit In a court filing submitted on Friday, Coinbase contends the SEC’s claims [...]

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Coinbase officer argues U.S. student loan ruling sets precedent for SEC on crypto regulation

Coinbase Chief legal officer Paul Grewal said on July 4 that the U.S. Securities and Exchange Commission’s (SEC) interpretation of “investment contract” violates the law judging by a recent Supreme Court opinion. In a July 4 Twitter thread, Grewal claimed that the SEC’s interpretation contradicts the Nebraska case’s Supreme Court’s Major Questions Doctrine opinion. He […]

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Ripple CLO Stuart Alderoty Explains Securities in ‘After Hours’ Parody Skit

Stuart Alderoty, CLO of Ripple, prepared a skit explaining the definition of securities according to the company, supported by the recent ruling in the SEC v. Ripple case. The segment, titled “After Hours,” parodies U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler’s “Office Hours” series of videos, where he briefly explains investment subjects. [...]

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