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SEC Poised to Drop Coinbase Lawsuit, Marking Big Moment for U.S. Crypto

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The U.S. Securities and Exchange Commission will vote soon on a deal negotiated with Coinbase to entirely drop the agency’s legal pursuit of the crypto exchange, according to the company’s top lawyer.

While the SEC has been making moves almost daily to reverse past positions on digital assets, the pending vote would mark a watershed moment that could start a series of legal dominoes to free other crypto businesses from enforcement actions. Because the deal between Coinbase and SEC staff assumes a dismissal of the case «with prejudice,» said Coinbase Chief Legal Officer Paul Grewal, the regulator’s accusations of securities violations would be shut down permanently.

«It’s a great day for Coinbase, yes, but it’s also a great day for crypto in America,» Grewal said in an interview with CoinDesk. «We have every expectation, based on representations that have been made to us, that that approval will come, and with that, the dismissal will then be filed.»

He restated it in simpler terms: «We win; they lose.»

When the SEC first went after Coinbase — the most prominent of the U.S.-based crypto platforms — it represented a shot across the bow of the industry. The SEC alleged Coinbase violated federal law by not registering as a clearing house, broker or trading venue, based on the agency’s view of the so-called Howey test that determines whether an asset is a security. The company chose to fight the accusations in federal court, and that legal clash had been fierce, most recently seeing a judge side with Coinbase’s effort to elevate an appeal of the central question at dispute: Are these tokens being traded really securities under the SEC’s jurisdiction?

The industry had long expected it might have to wait for the courts — eventually even the U.S. Supreme Court — to rule on former SEC Chair Gary Gensler’s assertion that most tokens are actually crypto securities. But the surrender of the SEC in this dispute is likely to be echoed in other cases, which would put the final word on the legal definition into the hands of Congress.

So, the commission vote could throw the industry’s major focus toward lobbying instead of legal wrangling.

The enforcement meetings for the SEC — currently made up of Acting Chairman Mark Uyeda, Republican Commissioner Hester Peirce and Democrat Commissioner Caroline Crenshaw — typically take place on Thursdays, so the final decision on the staff recommendation may be delayed as long as a week. Crenshaw has been a vocal skeptic of the digital assets industry and its compliance, so it remains unclear whether she’d be willing to sign off on the dismissal.

The SEC didn’t immediately respond to a request for comment on the agreement.

SEC allies

Uyeda and Peirce, who was named the head of the agency’s new Crypto Task Force, had long been sympathetic to the digital assets industry’s contention it was being mishandled by the SEC. Once Donald Trump was sworn in as president, he gave the agency’s gavel to Uyeda on an interim basis, and Uyeda began making swift moves to shift its course on crypto. This is the latest and — assuming a yes vote — arguably the most significant of the changes so far.

Eventually, former Commission Paul Atkins will take over after he secures a Senate confirmation. But Uyeda and Peirce both served Atkins as counsels during his tenure at the SEC, so Atkins is generally expected to follow the same path on crypto that Uyeda is already clearing.

Earlier this week, the agency shifted its enforcement unit — once laser-focused on crypto — to a wider responsibility over «emerging technologies,» suggesting a withdrawal from the era of heavy attention on crypto cases. It also dropped its appeal in the fight to defend its effort to force a wide swath of crypto activity into its recent rule to expand the definition of what makes a «dealer» under SEC oversight.

In another marquee crypto case, the regulator recently asked to hit pause on the Binance enforcement dispute. Those accusations of securities-law violations overlapped to some degree with the complaint against Coinbase, though the Binance suit also included accusations of fraud and conflicts of interest.

The SEC had similarly signaled last week that something was brewing with Coinbase when it asked for a delay in court proceedings, suggesting negotiations were underway toward a resolution and signaling the agency’s new crypto task force would help the enforcement team come up with a «potential resolution.»

The vote

In the coming days, lawyers across the industry will watch the SEC’s Coinbase vote, and then the judge’s response in the U.S. District Court for the Southern District of New York. If the SEC formally backs off the accusations Coinbase improperly listed unregistered securities, it’ll have to do the same in any similar cases.

«I’m hopeful that our getting this case dismissed will offer up a template for other cases to be resolved as well,» Grewal said. «And if that were the case, we’d be delighted, because we felt that Gary Gensler’s entire campaign against crypto was a distortion — frankly, an abuse — of legal process.»

As the agency continues to resolve past actions, it’s signaled that the future intention is to focus on fraud over compliance disagreements. And Uyeda said as recently as Thursday that the SEC’s new task force will be guiding its enforcement.

«One focus of this task force will be to ensure that we deploy enforcement resources judiciously,» he said at an event in Washington.

Grewal acknowledged the next priority quickly becomes U.S. legislation that can establish clear regulations at the federal level. To that end, Coinbase has been among the leading crypto companies delving into the political arena, deploying tens of millions of dollars in the 2024 elections (through the Fairshake PAC) to secure a friendlier Congress. One in 10 members of this Congress were boosted by Fairshake ads in their campaigns last year.

«We’ve seen Congress announce its commitment to legislation as early as the first 100 days,» Grewal noted. «So we’re very eager, with this cloud now lifted, to focus our full attention on getting legislation passed on market structure and stablecoins. That is, frankly, long overdue.»

UPDATE (February 21, 2025, 13:11 UTC): Adds request to SEC for comment.

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Ethereum ‘Roll Back’ Suggestion Has Sparked Criticism. Here’s Why It Won’t Happen

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On Friday, cryptocurrency exchange Bybit was allegedly hacked by North Korea’s Lazarus group, which drained nearly $1.4 billion in ether (ETH) from the exchange.

Following the hack, Arthur Hayes, BitMEX co-founder and claiming to be a major ether (ETH) holder, wrote a post on X to Ethereum co-founder Vitalik Buterin on whether he will “advocate to roll back the chain to help @Bybit_Official.” Meanwhile, in an X spaces session, Bybit’s CEO Ben Zhou revealed that his team had also reached out to the Ethereum Foundation to see if it was something the network would consider, noting that such a decision should be based on what the network’s community wants.

Hayes’s post immediately provoked a fierce reaction from the Ethereum community, which was firm in its belief that it wouldn’t happen. Some even questioned whether the BitMEX founder was joking. CoinDesk reached out to Hayes over X to clarify his comments.

Ethereum members, like the core developer teams, are vastly against “rolling back” the network because it would override core elements of decentralization. If Buterin decided on his own that it would happen, then that would be seen as the end of Ethereum’s ethos, which heavily involves various developer teams and other community members when it comes to the health and state of the blockchain.

“Rolling back the chain would give ETH no purpose. What’s the point if you can just change rules,” said user @the_weso in a post on X.

Some outside the Ethereum community pointed to the 2016 DAO hack as an example when $60 million in ETH was stolen. The network went forward with a hard fork, splitting the old network into two, and the new chain continued on as Ethereum.

That hard fork was not a “rollback,” though; it was known as an “irregular state transition.” Ethereum technically can’t “roll back” the network because it relies on an account model, where accounts hold users’ ETH.

At the time of the hack, developers upgraded their nodes to a new client or software. Those who didn’t upgrade their nodes were still on the old chain, which became known as Ethereum Classic.

When the nodes upgraded to the new software, the stolen ETH could move from one Ethereum account address to the next.

“The ‘irregular state change’ that they implemented at the time of the DAO hard fork was this: they airlifted all the ETH in the DAO smart contracts out to a refund contract that would send you 1 ETH for every 100 DAO tokens you sent in,” wrote Laura Shin of Unchained in a post on X.

Read more: Arthur Hayes Floats the Idea of Rolling Back Ethereum Network to Negate $1.4B Bybit Hack, Drawing Community Ire

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Bybit Sees Over $4 Billion ‘Bank Run’ After Crypto’s Biggest Hack

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Major cryptocurrency exchange Bybit has seen total outflows of over $5.5 billion after it suffered a near $1.5 billion hack that saw hackers, believed to be from North Korea’s Lazarus Group, drain its ether cold wallet.

The total assets tracked on wallets associated with the exchange plunged from around $16.9 billion to $11.2 billion at the time of writing, according to data from DeFiLlama. The exchange is now looking to understand exactly what happened.

In an X spaces session, Bybit’s CEO Ben Zhou revealed that shortly after the incident, he called for “all hands on deck” to serve their clients with processing withdrawals and responding to inquiries about what was going on.

During the session, Zhou revealed that the security breach saw the hackers make off with roughly 70% of their clients’ ether, which meant that Bybit needed to quickly secure a loan to be able to process withdrawals. Yet, Zhou found that ether wasn’t the most withdrawn token, with most users instead withdrawing stablecoin from Bybit.

The exchange, Zhou noted, has reserves to cover these withdrawals, but the crisis deepened as, in response to the incident, Safe moved to temporarily shut down its smart wallet functionalities to “ensure absolute confidence in our platform’s security.”

Safe is a decentralized custody protocol providing smart contract wallets for digital asset management. Some exchanges integrated Safe, which allows users to maintain custody of their funds and has multisig functionality to enhance the security of their cold wallets.

While the exchange had reserves to back up users’ withdrawals, $3 billion worth of USDT was in a Safe wallet that had just been shut down as the wallet moved to understand the situation, according to Zhou.

On social media, Safe said that while it had «not found evidence that the official Safe frontend was compromised,» it was temporarily shutting down «certain functionalities» out of caution.

While Zhou and Bybit’s team were figuring out how to securely withdraw their $3 billion, withdrawals were mounting. Within two hours of the security breach, the exchange was facing requests to move over $100,000 off its platform, Zhou revealed.

Responding to the situation, Zhou told his security team to engage Safe to “find a better way to get this money out.” The team ended up developing new software with code “based on Etherscan” to verify the signatures “on a very manual level” to move the stablecoins back to their wallet and cover the withdrawal surge.

The exchange’s team had to remain up all night to be able to fulfill withdrawals, according to Zhou. As the exchange managed to move the $3 billion in stablecoin reserves, it was facing a bank run of “about 50%” of all the funds within the exchange.

Zhou said that since the incident, the exchange has moved a significant amount of funds off of Safe cold wallets and is now determining what system it will use to replace Safe.

Pushing to «Roll Back» Ethereum Was not Off the Table

Since the security breach, Bybit has engaged authorities. During the session, Zhou said that the Singaporean authorities took the issue “very seriously” and that he believes it has already been escalated with Interpol.

Blockchain analysis firms, including Chainalysis, were engaged. Zhou said, “As long as Bybit is there and continues to track [the stolen ether], I hope we can get these funds back.”

Notably, he revealed that pushing to «roll back» the Ethereum blockchain, which was suggested by some industry players on social media, including BitMEX co-founder Arthur Hayes, had been on the table for some time if the community agreed with it.

“I had my team talking to Vitalik and the Ethereum Foundation to see if there’s any recommendations they can offer to help. I do really thank all these guys on Twitter asking if there is a possibility to roll back the chain. I’m not sure what was the response on their side, but anything that would help we would try,” Zhou said.

When asked if «rolling back» the chain is even possible, Zhou responded he doesn’t know. “I’m not sure it’s a one-man decision based on the spirit of blockchain. It should be a work in process to see what the community wants,” he said.

It’s worth noting that a blockchain «rollback» refers to a state change that would allow for the funds to be recovered. While rolling back the Bitcoin blockchain is technically possible, such a state change on Ethereum would be more complex, given its smart contract interactions and state-based architecture.

Nevertheless, any state change would require consensus and likely lead to a contentious hard fork, drawing criticism from the community. This would likely split the Ethereum blockchain into two networks, each with its own supporters.

As for what exactly caused the hack to occur, is still unclear. Per Zhou, Bybit’s laptops have not been compromised. He said the movements of the transaction’s signers have been scrutinized but appear to have been routine.

“We know the cause is definitely around the Safe cold wallet. Whether it’s a problem with our laptops or on Safe’s side, we don’t know.,” Zhou added.

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Binance Research Survey Shows 95% of Latin American Crypto Users Plan to Buy More in 2025

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A vast majority of Latin American cryptocurrency users—95%—plan to expand their holdings in 2025, according to a Binance Research survey of more than 10,000 investors in Argentina, Brazil, Colombia, and Mexico.

The findings show that 40.1% of respondents are expecting to buy more crypto within the next three months, 15.3% are looking to do so in the next six months, and 39.7% within 12 months. Only 4.9% have no plans to keep on investing this year.

Latin America led the world in crypto adoption in 2024, growing by 116%, according to research from payments firm Triple-A quoted in the report. The region now has 55 million cryptocurrency users, making up nearly 10% of total cryptocurrency users.

This rapid expansion has been fueled by rising asset prices, regulatory advancements, and new financial products like spot bitcoin exchange-traded funds (ETFs). Brazil has just last week become the first country to approve a spot XRP ETF.

Market performance has also bolstered investor confidence. «Latin America is a rapidly expanding region for the crypto sector, and the results of this research reinforce what we have observed in our operations,” Binance’s regional VP for Latin America, Guilherme Nazar, said.

Binance’s research shows that half of those inquired already use cryptocurrencies for over a year, with most entering the space expecting significant returns and searching for financial freedom.

Portfolio diversification, privacy, and protecting their money were also quoted as motives to invest in the space.
Read more: How a $115M Crypto Fund With Big Ambitions Plans to Invest In Latin America

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