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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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Tesla Reports $951M in Crypto Holdings as it Misses Earnings

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Tesla (TSLA) still holds almost $1 billion in bitcoin, according to the automaker’s latest earnings report.

The electric vehicle firm reported digital asset holdings worth $951 million as of March 31, down from $1.076 billion on Dec. 30. Tesla currently holds 11,509 bitcoin in its balance sheet, according to Bitcoin Treasuries data.

The change is almost certainly due to bitcoin’s price depreciating between the two quarters. Data from Arkham Intelligence indicates that Tesla did not perform any transactions in the last three months. Arkham marks Tesla’s holdings as being currently worth $1.049 billion.

A new rule from the Financial Accounting Standards Board (FASB) requires corporate holders of digital assets to begin marking those assets to market each quarter.

Tesla also reported $19.34 billion in revenue for the first quarter of the year; analysts had expected the carmaker to rake in $21.37 billion.

The TSLA shares were up more than 2% in after-hours trading.

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Bitcoin Tops $91K as Trade Optimism Fuels Crypto Rally But Demand Headwinds Remain

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Bitcoin (BTC) surged past $91,000 on Tuesday, climbing nearly 5% amid renewed investor optimism and fresh hopes of a thaw in U.S.-China trade tensions, but headwinds persist that could cap further upside, analytics firm CryptoQuant cautioned.

The largest crypto by market capitalization hit $91,700 in the U.S. afternoon, its strongest price since early March. Altcoins followed BTC higher, with Ethereum’s ether (ETH) rising 8% over the past 24 hours above $1,700, and dogecoin (DOGE) and Sui’s native token (SUI) gaining 8.6% and 11.7%, respectively. The broad-market crypto benchmark CoinDesk 20 Index advanced 5.2%.

CoinDesk 20 Index performance on April 22 (CoinDesk)

Markets were buoyed by remarks from U.S. Treasury Secretary Scott Bessent, who reportedly told investors at a closed-door JPMorgan event that the tariff standoff with China was unsustainable. Bessent said de-escalation would come “in the very near future,” characterizing current conditions as a “trade embargo.” However, he cautioned that a more comprehensive deal between the two nations could take even years.

Stocks recovered from yesterday’s decline, with the S&P 500 and the tech-heavy Nasdaq finishing the session 2.5% and 2.7% higher, respectively. Gold, meanwhile, sharply reversed from its record price of $3,500 during the day and was down 1%.

«As capital rotates into safe-haven and inflation-hedging assets, BTC and gold are proving to be key beneficiaries of the exodus from USD risk,» analysts at hedge fund QCP Capital said in a Telegram broadcast.

They highlighted rejuvenating inflows to spot U.S.-listed BTC ETFs and the return of the so-called Coinbase price premium, suggesting demand from American institutional investors. BTC ETF booked over $381 million net inflows on Monday adding to Thursday’s $107 million, according to Farside Investors data.

But not all signs point to a sustained breakout.

Despite the price jump, on-chain data points to fragility beneath the surface, CryptoQuant analysts said in a Tuesday report. Bitcoin’s apparent demand has decreased by 146,000 BTC over the past 30 days—an improvement from the sharp drop in March, but still negative. CryptoQuant’s demand momentum metric, which tracks new investor interest, has deteriorated further to its the most bearish level since October 2024, the report noted.

Market liquidity remains soft, with the report using USDT’s market cap growth as a proxy for crypto liquidity. USDT grew $2.9 billion over the past two months, below its 30-day average. Historically, BTC rallies coincided with USDT growth above $5 billion and above trend — a threshold not yet met.

Adding to the caution, bitcoin is now facing a key resistance zone between $91,000 and $92,000 at around the «Trader’s On-chain Realized Price» metric, a level that has often served as resistance in bearish conditions. CryptoQuant’s on-chain bull score classified current market conditions as bearish, suggesting a pause or pullback could follow if sentiment weakens.

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Unicoin CEO Rejects SEC’s Attempt to Settle Enforcement Probe

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Unicoin has rebuffed the U.S. Securities and Exchange Commission’s (SEC) attempt to negotiate a settlement agreement to close an ongoing probe into the Miami-based crypto company, its CEO Alex Konanykhin revealed in a Tuesday letter to investors.

SEC enforcement cases (Jesse Hamilton/CoinDesk)

In his letter, Konanykhin said Unicoin was given an “ultimatum” by the SEC to attend a settlement negotiation meeting last week, on April 18.

“We declined to show up,” Konanykhin told CoinDesk, adding that the SEC had made demands ahead of the meeting that he found “unacceptable.” He declined to share specifics, telling CoinDesk that the communication between Unicoin’s lawyers and the SEC was confidential.

Unicoin received a Wells notice — a sort of official heads-up from the SEC that it intends to file an enforcement action against the recipient — in December, shortly before former Chair Gary Gensler stepped down, alleging violations related to fraud, deceptive practices, and the offer and sale of unregistered securities. No official enforcement action has yet been filed.

Since President Donald Trump took office, the SEC has reversed its once-aggressive stance toward crypto regulation, backing off from many of its open investigations into crypto companies, including blockchain gaming firm Immutable and non-fungible token (NFT) marketplace OpenSea, and even some of its ongoing litigation, including against Coinbase and Cumberland DRW.

Other SEC enforcement cases against crypto companies, including its cases against Binance and Tron, have been paused while the parties attempt to negotiate a settlement. The agency recently reached a settlement agreement with Nova Labs, the parent company behind the Helium blockchain, that saw Nova Labs pay a $200,000 fine to settle civil securities fraud charges, and the SEC dropped its claims that Helium (HNT) and other related tokens were securities.

In his letter to investors, Konanykhin claimed that the SEC’s probe has caused “multi-billion-dollar damage” to the company and its investors.

“We would likely be a $10B+ publicly traded company by now if the SEC had not blocked our ICO, stock exchange listing and fundraising,” Konanykhin wrote, adding that the SEC had prevented Unicoin from acting on the “very favorable market opportunities.”

“We were forced into a standstill,” Konanykhin wrote.

The SEC did not respond to a request for comment.

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