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Coinbase Granted Significant Advance in Court Clash With Gensler’s SEC

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Coinbase Inc. has been given an unusual chance to skip ahead in a U.S. federal court dispute with the Securities and Exchange Commission (SEC) when a judge granted the company’s request to chase a narrow appeal of the regulator’s accusations about trading crypto securities.

If the U.S. digital assets exchange can get the U.S. Court of Appeals for the Second Circuit to take its appeal and agree that the SEC was wrong about its accusations that Coinbase improperly handled the trading of unregistered securities, such a decision would echo throughout the wider crypto industry.

Judge Katherine Polk Failla of the U.S. District Court for the Southern District of New York decided on Tuesday to approve a request from Coinbase to ask the higher court to consider one core question in the dispute, in a process known as an interlocutory appeal. And while Coinbase is chasing that matter, the rest of the case will sit idle.

Failla noted she doesn’t appreciate the company’s «efforts to cast aspersions on the SEC’s approach to crypto-assets,» but she pointed out the clash in rulings from different federal courts on similar questions and decided that «conflicting decisions on an important legal issue necessitate the Second Circuit’s guidance.»

At the heart of the legal clash between the U.S. securities regulator and the leading U.S. crypto exchange is whether certain tokens traded on the platform should be considered securities, and thus be seen as breaching the law.

Coinbase has argued, among other points, that the issuers of crypto tokens traded on its secondary market don’t owe anything to the buyers, so the tokens don’t tick the boxes of the legal standard for what makes a security, the so-called Howey test.

The judge said she’s granting the April 2024 request «because it presents a controlling question of law regarding the reach and application of Howey to crypto-assets, about which there is substantial ground for difference of opinion, and the resolution of which would advance the ultimate termination of the SEC’s enforcement action.»

«We appreciate the court’s careful consideration,» Coinbase Chief Legal Officer Paul Grewal posted on social-media site X. «On to the Second Circuit we go.»

Read More: Coinbase Slugs It Out With U.S. SEC in Effort to Get Key Crypto Question Answered

A spokesperson for the SEC – still run by crypto skeptic Gary Gensler until he steps down as chairman when President-elect Donald Trump is sworn in on January 20 – declined to comment on the latest ruling.

In the end, this and other court disputes over what constitutes a crypto security could head toward the Supreme Court but finally run into irrelevance if Congress passes a new law to define how the assets and their trading should be regulated in the U.S. That’s what the industry is aiming for with its political operations and lobbying efforts, focusing on steering this year’s new Congress toward more industry-friendly legislation.

The SEC’s leadership is also about to change hands to Republican control, which is likely to mean more openness to the crypto industry. A new agency chair could change the course of its enforcement actions, including this court case.

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UK’s FCA Seeks Views on Stablecoins, Crypto Custody to Prevent Firm Failures

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The U.K.’s Financial Conduct Authority (FCA) is seeking additional views on its upcoming stablecoins regime, it said on Wednesday.

«In support of the opportunities stablecoins present to financial services and the broader economy, the FCA will explore adding a specific focus on stablecoins to its innovation services in the coming months,» the FCA’s statement said.

The FCA’s proposed rules are meant to ensure stablecoins maintain their value and seek to reduce the likelihood of stablecoin and crypto custody companies failing.

Stablecoins have been something regulators have been watching carefully following the collapse of the algorithmic stablecoin terraUSD in 2022 that resulted in investors losing out on their life savings.

The FCA has been establishing its new crypto regime since 2023. In 2023 it published a discussion paper with proposals for a stablecoins regime. The regulator has since upped its efforts to regulate the sector by releasing a series of discussion papers for the industry and the U.K. government is working on establishing new legislation to ensure the country’s regulators have all the powers they need to launch their new regimes for the digital asset sector.

The FCA will be working with the Bank of England to regulate stablecoins.

«For those stablecoins that expect to operate at systemic scale, the Bank of England will publish a complementary consultation paper later this year, including responding to industry feedback around allowing some return on backing assets,» Sarah Breeden, deputy governor for financial stability at the Bank of England said.

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Bitcoin and Web3 Wallet Firm Ledger Brings ‘Crypto Life’ Visa Card to U.S. Users

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Cryptocurrency hardware wallet firm Ledger has launched its Crypto Life (CL) Visa card in the U.S., offering users 1% cashback in bitcoin (BTC) or USDC on purchases and the ability to directly deposit paychecks into the on-chain card account via bank transfer.

Ledger’s CL Visa card is facilitated by fiat-to-on-chain card enabler Baanx, which also provides self-custody crypto cards for the likes of MetaMask, Tools for Humanity and most recently wallet firm Exodus.

Big card networks Mastercard and Visa are aligning themselves with the self-custodial crypto world and the rapid growth in areas like stablecoin payments. Data on CL card usage shows household purchases dominated crypto card usage at 63% of total transactions, with entertainment and fashion categories showing the strongest growth.

Jean-Francois Rochet, EVP of Consumer Services at Ledger, said the collaboration brings the CL card to millions of users in the U.S. with attractive cashback features for bitcoin holders. “Living the crypto life means having ownership, access and real world utility over your digital assets,” he said in a statement.

“The CL Card, designed for Ledger, is a step toward mainstream, non-custodial crypto payments—right in your pocket”, said Simon Jones, Chief Commercial Officer of Baanx.

The CL Card will be available in the U.S. (excluding New York and Vermont) on June 30, 2025.

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VivoPower Raises $121M to Launch XRP Treasury Strategy With Saudi Royal Backing

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VivoPower International (VVPR), a Nasdaq-listed energy company, said on Wednesday it has secured $121 million in a private share placement to fund its pivot to digital asset treasury focusing on XRP XRP, the fourth largest cryptocurrency by market capitalization.

The raise was led by Saudi Prince Abdulaziz bin Turki Abdulaziz Al Saud, investing $100 million, a spokesperson to the company told CoinDesk. The company sold 20 million ordinary shares priced at $6.05 per share.

Adam Traidman, a former Ripple executive who led the SBI Ripple Asia, is joining the company as chairman of the board of advisors, according to the press release. Ripple is an enterprise-focused blockchain service provider closely related to the XRP Ledger.

VivoPower shares surged as much as 26% on the news before giving back some of the gains. Recently, they were up over 11%, trading around $6.75.

The move is the latest example of public firms raising money to purchase and add digital assets to their treasuries, a playbook popularized by Michael Saylor’s Strategy (MSTR) that has become the largest corporate holder of bitcoin BTC. While BTC has been the most sought-after asset among these firms, recent newcomers like DeFi Development and SharpLink Gaming directed their focus to Solana’s SOL SOL and Ethereum’s ether ETH, respectively.

VivoPower, founded in 2014, aims to be the first publicly traded company with a crypto treasury strategy centered around XRP. It also plans to spin off its legacy business.

«After reviewing a number of listed vehicles seeking to embrace a digital asset treasury model, we selected VivoPower given its strategic focus on XRP and its objective to contribute to building out of the XRPL ecosystem,» Prince Abdulaziz said in a statement. «We have been investors in the digital asset sector for a decade and have been long-term holders of XRP.»

Read more: Dubai Unveils Real Estate Tokenization Platform on XRP Ledger Amid $16B Initiative

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