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The SEC’s Retreat From Crypto Enforcement May Invite More Private Lawsuits

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Until the new presidential administration took office, the digital asset industry was embroiled in an existential showdown with the U.S. Securities and Exchange Commission. For years, the SEC waged a scorched-earth regulation-by-enforcement campaign against the digital asset industry and its most-used platforms for failing to adhere to confusing — or non-existent — rules about what constitutes a security and who must register to buy and sell them. Now, under new leadership, the SEC has confirmed the end of its regulation-by-enforcement era.

While this shift has dramatically reduced (though not eliminated) exposure to regulatory suits by the agency, the industry must prepare for private plaintiffs to exploit the enforcement void and perpetuate, at least in the near term, ambiguities in the application of federal securities laws by bringing suits in U.S. courts alleging that particular digital assets are securities and seeking to hold businesses and their leaders responsible for withholding material information or other alleged misconduct, in violation of the securities laws.

The SEC’s Enforcement U-Turn

Under its new leadership, the SEC has confirmed the end of the regulation-by-enforcement era and taken significant steps to progress its policy goals, including a focus on prosecuting bad actors and fraud in the digital asset space. The most significant regulatory shifts include:

Crypto Task Force: Just one day into his tenure as SEC Acting Chair, Commissioner Uyeda announced the formation of a “Crypto Task Force” and, in doing so, publicly recognized what so many had long been saying: the SEC’s refusal to promulgate rules and instead regulate by enforcement sowed “confusion about what is legal” including “who must register” to trade digital assets and, importantly, how to register. The Crypto Task Force’s stated mission is to provide clarity to these questions and develop a regulatory framework for digital assets. It is hosting a series of industry roundtables, with the first to focus on how to define which digital assets are securities. .

Enforcement Action Dismissals: The SEC has dismissed (or agreed in principle to dismiss) nearly all non-fraud cases concerning allegations that a defendant failed to register as an exchange or broker-dealer.

Cyber and Emerging Technologies Unit: The SEC replaced the Crypto Assets and Cyber Unit with the Cyber and Emerging Technologies Unit (“CETU”), which is focused on protecting “retail investors from bad actors.” The SEC announced that CETU and its 30 fraud specialists and attorneys (down from more than 50) would focus on “[f]raud involving blockchain technology and crypto assets” among other priorities.

These changes indicate that SEC enforcement in the digital asset space will undoubtedly decline, given that the agency will no longer use its enforcement arm as the primary means to create regulatory policy and its associated reduction in staff focused on blockchain and crypto matters. According to the SEC, its staff remains committed to prosecuting bad actors and fraud-based claims, with Commissioner Hester Peirce clarifying that the shift in priorities and resources is not an end to SEC enforcement and that “statutes already on the books do not allow a free-for-all.”

Unsettled Law is an Opportunity for Litigation

In the face of the SEC’s enforcement retreat, individuals and firms should be prepared for private plaintiffs to exploit the enforcement void. Historically, the private plaintiffs’ bar has stepped in to pursue litigation in the wake of decreased regulatory enforcement (or at least the perception of it), whether it be suits alleging violation of the federal antitrust laws or financial misconduct in violation of the securities laws following the 2008 crisis. Such private suits, often brought as class actions, can be an expensive nuisance for businesses and their founders (often named as defendants themselves) — even for those who prevail at an early stage.

In the digital asset space, private plaintiffs may still use the federal securities laws as a basis to bring a variety of allegations, including:

selling unregistered securities;

engaging in the sale of securities by means of a prospectus (e.g. white paper) containing untrue statements or omissions of material facts;

securities fraud and other misconduct (e.g. rug pulls or pump-and-dump schemes);

violations by individuals who have decision-making control over the seller, such as founders or company leadership

Private plaintiffs may also pursue alleged violations of state securities laws and other common law causes of action.

Although the SEC’s new interpretation of the securities laws is more aligned with industry thinking, it does not bind courts analyzing the question of whether a digital asset is a security. For instance, private plaintiffs pursued the TRON Foundation and its founders, alleging that they misled investors by promoting, offering, and selling TRX — an alleged security — in violation of the federal and state securities laws. Late last year, the U.S. District Court for Southern District of New York denied in part the defendants’ motion to dismiss, and in doing so, explained that the SEC’s previous framework for determining whether crypto assets were securities was a “nonbinding interpretation of a legal standard.”

And while decisions from appellate courts are binding on the courts below them, the SEC recently dismissed a suit (involving Coinbase) that was pending appellate review on the issue of whether crypto asset transactions qualify as securities. Another similar suit is rumored to be dismissed soon. This means, for now, that lower courts will continue to lack guidance from a higher court on that issue, leaving private plaintiffs free to argue that the federal securities laws apply.

As a result, companies should expect an increase in private litigation. One area to watch is meme coins. While there are persuasive arguments for why meme coins should not be considered securities, private plaintiffs are sure to argue that the circumstances of a particular meme coin bring it within the ambit of the federal securities laws.

This year has been mostly positive for the digital asset industry. It has escaped the grip of an agency that was seemingly determined to crush it. But businesses and their founders re-evaluating their legal risk should confer with their legal teams on whether they may be targets of increased private litigation, so they can create strategies to mitigate such exposure.

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Solana Steals the Spotlight as Fed Rate Cut Nears: Crypto Daybook Americas

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By Omkar Godbole (All times ET unless indicated otherwise)

Suddenly, it’s all about Ethereum rival Solana and its native token SOL as the broader market holds its breath ahead of Wednesday’s Federal Reserve rate decision.

Michael Novogratz, the founder and CEO of Galaxy Investment, says Solana could evolve to become a settlement infrastructure in global finance. Why? Because the blockchain can handle over 6 billion transactions a day, which is way higher than the 400 million-700 million trades global securities markets usually deal with, he said. Speed matters.

At BaseCamp 2025, Coinbase’s layer-2 network hinted at plans for a token launch that could accelerate decentralization and unveiled a Solana bridge to boost cross-chain connectivity. Pantera Capital’s Dan Morehead announced that Solana is their largest bet, valued at $1.1 billion, calling it the fastest and best-performing blockchain, which has outpaced even Bitcoin over the past four years.

If that’s not enough, Kyle Samani, chairman of Nasdaq-listed Solana treasury company Forward Industries, said over the weekend that the company plans to deploy funds to boost the Solana-native decentralized finance ecosystem.

All these signs suggest SOL could outperform bitcoin (BTC), ether (ETH) and other major tokens if the Fed cuts rates by the 25 basis points this week, as expected. If it surprises with a 50-basis-point move, things could get wild. Keep your eyes on those SOL/BTC and SOL/ETH trading pairs.

Currently, SOL is trading around $235 after peaking near $250 over the weekend. Other major cryptocurrencies are stuck in neutral, trailing behind stocks, which continue to hit fresh highs.

On the stablecoin front, the Bank of England proposed limits on how the value of dollar-backed stablecoins an individual can hold, as low as 10,000 pounds ($13,600), citing systemic risks. Stani Kulechov, Aave’s CEO, called the move “absurd” and urged the crypto community to stand up against such regulations.

More countries, especially those with current account deficits, will likely consider similar measures to curb outflows that dodge traditional banks.

And as for the traditional markets, Monday’s mix of rising stocks and the VIX, Wall Street’s fear gauge, has some observers raising their eyebrows. History shows these moments often precede market corrections, so stay alert!

What to Watch

  • Crypto
    • Sept. 16, 12 p.m.: Solana Live event on X. Guests include Pump.fun co-founder Alon Cohen and Kyle Samani, chairman of Forward Industries (FORD) and the managing partner of Multicoin Capital.
  • Macro
    • Sept. 16, 8 a.m.: Brazil July unemployment rate Est. 5.7%.
    • Sept. 16, 8:30 a.m.: Canada August headline CPI YoY Est. 2%, MoM Est. 0%; core YoY Est. N/A (Prev. 2.6%), MoM Est. N/A (Prev. 0.1%).
    • Sept. 16, 8:30 a.m.: U.S. August retail sales YoY Est. N/A (Prev. 3.9%), MoM Est. 0.3%.
  • Earnings (Estimates based on FactSet data)
    • None scheduled.

Token Events

  • Governance votes & calls
    • Curve DAO is voting to update donation-enabled Twocrypto contracts, refining donation vesting so unlocked portions persist after burns. Voting ends Sept. 16.
    • Sept. 16: Aster Network to host a community call.
    • Sept. 18, 6 a.m.: Mantle to host Mantle State of Mind, a monthly downhill series.
    • Sept. 16, 12 p.m.: Kava to host a community Ask Me Anything (AMA) session.
  • Unlocks
    • Sept. 16: Arbitrum (ARB) to unlock 2.03% of its circulating supply worth $45.92 million.
  • Token Launches
    • Sept. 16: Merlin (MRLN) to be listed on Binance Alpha, MEXC, BitMart, Gate.io, and others.

Conferences

Token Talk

By Oliver Knight

  • As the crypto market stays within a tight range after a brief peak and trough on Monday, one token is running its own race: IMX is up 15% in the past 24 hours with daily trading volume doubling to $144 million.
  • The rise lifted IMX, the native token of Web3 gaming platform Immutable, to a five-month high.
  • Bullish sentiment around Immutable can be attributed to an SEC probe that was dropped earlier this year and general optimism around the gaming sector. Gaming is estimated to reach $200 billion in revenue this year with further growth forecast in 2026 alongside the release of Rockstar Gaming’s Grand Theft Auto 6.
  • Immutable is well positioned to capitalize on that growth after teaming up with gaming giant Ubisoft on the next iteration of Might and Magic Fates in April.
  • Blockchain technology could have a key role to play in gaming if trends shift toward in-game ownership of items, which could see the implementation of non-fungible tokens (NFTs) within a game that could then be collected or sold on for crypto tokens.
  • IMX is currently trading at $0.736 having broken out of a key level of resistance. It will likely come back to test $0.70 as support before potentially moving higher, provided trading volume can sustain at these levels.

Derivatives Positioning

  • Most major cryptocurrencies, including BTC and ETH, continued to experience capital outflows from futures, leading to a decline in open interest.
  • AVAX stands out with OI rising over 14% as the token’s market cap looks to climb above $13 billion for the first time since Feb. 2.
  • Solana OI has reached a record high of over 70 million SOL, with positive funding rates pointing to bullish capital inflows.
  • On the CME, OI in solana futures pulled back to 7.63 million SOL from the record 8.12 million SOL on Sept. 12. Still, the three-month annualized premium holds well above 15%, offering an attractive yield for carry traders.
  • BTC CME OI continues to improve, but overall positioning remains light relative to ether and SOL futures.
  • On Deribit, the bias for BTC and ETH put options continues to ease across all tenors as traders anticipate Fed rate cuts. SOL and XRP options remain biased bullish.
  • On OTC network Paradigm, block flows featured BTC calendar spreads and shorting of call and put options.

Market Movements

  • BTC is unchanged from 4 p.m. ET Monday at $115,500.55 (24hrs: +0.54%)
  • ETH is unchanged at $4,513.45 (24hrs: -0.49%)
  • CoinDesk 20 is up 0.48% at 4,271.28 (24hrs: +0.71%)
  • Ether CESR Composite Staking Rate is up 5 bps at 2.87%
  • BTC funding rate is at 0.0059% (6.4616% annualized) on Binance

CoinDesk 20 members’ performance

  • DXY is down 0.32% at 96.99
  • Gold futures are up 0.42% at $3,734.70
  • Silver futures are up 0.53% at $43.19
  • Nikkei 225 closed up 0.3% at 44,902.27
  • Hang Seng closed unchanged at 26,438.51
  • FTSE is down 0.22% at 9,256.41
  • Euro Stoxx 50 is unchanged at 5,437.55
  • DJIA closed on Monday up 0.11% at 45,883.45
  • S&P 500 closed up 0.47% at 6,615.28
  • Nasdaq Composite closed up 0.94% at 22,348.75
  • S&P/TSX Composite closed up 0.5% at 29,431.02
  • S&P 40 Latin America closed up 1.64% at 2,904.55
  • U.S. 10-Year Treasury rate is unchanged at 4.037%
  • E-mini S&P 500 futures are up 0.19% at 6,633.75
  • E-mini Nasdaq-100 futures are up 0.29% at 24,380.00
  • E-mini Dow Jones Industrial Average Index are unchanged at 45,902.00

Bitcoin Stats

  • BTC Dominance: 58.11% (unchanged)
  • Ether to bitcoin ratio: 0.03907 (-0.36%)
  • Hashrate (seven-day moving average): 1,025 EH/s
  • Hashprice (spot): $53.98
  • Total Fees: 4.41 BTC / $508,109
  • CME Futures Open Interest: 140,975 BTC
  • BTC priced in gold: 31.2 oz
  • BTC vs gold market cap: 8.82%

Technical Analysis

BTC's monthly price action in candlesticks format. (TradingView/CoinDesk)

  • The monthly chart shows that BTC is again probing the trendline connecting the previous bull market peaks.
  • Bulls failed to establish a foothold above that trendline in July and August.
  • A third straight failure could really embolden sellers, potentially yielding a deeper drop.

Crypto Equities

  • Coinbase Global (COIN): closed on Monday at $327.02 (+1.23%), +0.27% at $327.91
  • Circle (CRCL): closed at $134.05 (+6.97%), unchanged in pre-market
  • Galaxy Digital (GLXY): closed at $30.77 (+3.6%), +0.58% at $30.95
  • Bullish (BLSH): closed at $51.08 (-1.47%), +0.59% at $51.38
  • MARA Holdings (MARA): closed at $16.24 (-0.43%), unchanged in pre-market
  • Riot Platforms (RIOT): closed at $16.68 (+4.97%), +1.08% at $16.86
  • Core Scientific (CORZ): closed at $16.32 (+2.9%), +0.37% at $16.38
  • CleanSpark (CLSK): closed at $10.29 (-0.58%), +0.1% at $10.30
  • CoinShares Valkyrie Bitcoin Miners ETF (WGMI): closed at $38.73 (+3.78%), +1.96% at $39.49
  • Exodus Movement (EXOD): closed at $27.88 (-1.69%), -1.94% at $27.34

Crypto Treasury Companies

  • Strategy (MSTR): closed at $327.79 (-1.1%), +0.34% at $328.89
  • Semler Scientific (SMLR): closed at $28.39 (-2.74%)
  • SharpLink Gaming (SBET): closed at $16.79 (-5.14%), +0.54% at $16.88
  • Upexi (UPXI): closed at $6.33 (-6.29%), +0.95% at $6.39
  • Lite Strategy (LITS): closed at $3.07 (+10.43%)

ETF Flows

Spot BTC ETFs

  • Daily net flows: $259.9 million
  • Cumulative net flows: $57.05 billion
  • Total BTC holdings ~1.31 million

Spot ETH ETFs

  • Daily net flows: $359.7 million
  • Cumulative net flows: $13.74 billion
  • Total ETH holdings ~6.53 million

Source: Farside Investors

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ORQO Debuts in Abu Dhabi With $370M in AUM, Sets Sight on Ripple USD Yield

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ORQO Group, a new institutional asset manager with $370 million in assets under management, has launched on Tuesday with plans to build out a yield platform for Ripple’s RLUSD stablecoin.

The group, headquartered in Abu Dhabi, consolidates four entities from both traditional finance and digital assets: Mount TFI, a private debt specialist and licensed fund manager in Poland, Monterra Capital, a multi-strategy digital hedge fund in Malta, blockchain engineering studio Nextrope and decentralized finance (DeFi) protocol Soil compliant with MiCA, the EU’s crypto framework.

Already licensed in Poland and Malta, the group is seeking approval from the Financial Services Regulatory Authority at Abu Dhabi Global Market to expand services in the Middle East, a region it sees as a hub for regulated digital asset growth.

«It’s an opportunity to become a global on-chain asset manager,» ORQO CEO Nicholas Motz said in an interview with CoinDesk. «We have all the pieces: the off-chain asset management, and on-chain, too.»

ORQO’s effort is part of a larger trend that’s been reshaping crypto markets: moving traditional financial instruments like private credit, U.S. Treasuries, or trade finance deals onto blockchain networks. The process is also known as tokenization of real-world assets (RWAs). Data from rwa.xyz shows that the RWA market has grown into a nearly $30 billion sector, though it remains tiny compared to traditional finance markets such as the $2 trillion private credit sector. Still, the growth potential is immense: the tokenized RWA market could reach $18.9 trillion by 2033, a joint report by Ripple and BCG projected.

Yield platform Soil is a key piece in ORQO’s gameplan, connecting the firm’s RWA access with crypto capital capital. It aims to provide returns on stablecoins deposits from tokenized private credit, real estate and hedge fund strategies.

As part of the next stage, the firm plans to open several credit pools targeting holders of Ripple’s RLUSD stablecoin in the near future, allowing investors such as institutional treasuries or protocol reserves to earn a yield on their holdings.

Read more: Tokenization of Real-World Assets is Gaining Momentum, Says Bank of America

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Coinbase Policy Chief Pushes Back on Bank Warnings That Stablecoins Threaten Deposits

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Contrary to claims from the U.S. banking industry, stablecoins do not pose a risk to the financial system, according to the chief policy officer at crypto exchange Coinbase (COIN), Faryar Shirzad. Banks’ claims that they do are are myths crafted to defend their revenues, he wrote in a Tueday blog post.

«The central claim — that stablecoins will cause a mass outflow of bank deposits — simply doesn’t hold up,» Shirzad wrote. «Recent analysis shows no meaningful link between stablecoin adoption and deposit flight for community banks and there’s no reason to believe big banks would fare any worse.»

Larger lenders still hold trillions of dollars at the Federal Reserve and if deposits were really at risk, he argued, they would be competing harder for customer funds by offering higher interest rates rather than parking cash at the central bank

According to Shirzad, the real reason for banks’ opposition is the payments business. Stablecoins, digital tokens whose value is pegged to a real-life asset such as the dollar, offer faster and cheaper ways to move money, threatening an estimated $187 billion in annual swipe-fee revenue for traditional card networks and banks.

He compared the current pushback to earlier battles against ATMs and online banking, when incumbents warned of systemic dangers but, he said, were ultimately trying to protect entrenched profits.

Shirzad also dismissed reports predicting trillions in potential outflows from deposits into stablecoins, whose total market cap is around $290 billion, according to data from CoinGecko. He stressed that stablecoins are primarily used as payment tools — for trading digital assets or sending funds abroad — not as long-term savings products.

Someone purchasing stablecoins to settle with an overseas supplier, he argued, is opting for a more efficient transaction method the going through their bank, not pulling money from a savings account.

He urged banks to embrace the technology instead of resisting it, saying stablecoin rails could cut settlement times, lower correspondent banking costs and provide round-the-clock payments. Those institutions willing to adapt, he wrote, stand to benefit from the shift.

The U.K., too, faces concerns about the effect of stablecoins on the financial industry.

The Financial Times reported Monday that the Bank of England is considering setting limits on how many «systemic» stablecoins people and companies can hold — setting thresholds as low as 10,000 pounds ($13,600) for individuals and about 10 million pounds for businesses.

Officials define systemic stablecoins as those already widely used for U.K. payments or expected to become so, and say the caps are needed to prevent sudden deposit outflows that could weaken lending and financial stability.

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