Coinbase appeals SEC rulemaking petition denial as promised

Coinbase filed an appeal the same day its petition for a rulemaking on crypto used as a security was denied.

Coinbase is continuing its efforts to ensure adequate legislation on cryptocurrency used as securities. After the United States Securities and Exchange Commission denied Coinbase’s petition for rulemaking on cryptocurrency on Dec. 15, the crypto exchange appealed the decision on the same day.

Coinbase chief legal officer Paul Grewal promised immediate action as soon as the SEC’s denial became known. On Dec. 18, the U.S. Third District Court of Appeals ordered the SEC to file the record of its decision by Jan. 24, 2024.

In its appeal, Coinbase documented the lengthy process that was necessary to compel the SEC to respond to its petition. It called the SEC’s denial of its petition “arbitrary and capricious, an abuse of discretion, and contrary to law, in violation of the Administrative Procedure Act.” In addition:

Read more

Bitwise launches crypto ETF media campaign with ‘The Most Interesting Man in the World’

The ad spot came as the U.S. SEC is looking at multiple spot crypto exchange-traded fund applications from asset managers.

Actor Jonathan Goldsmith, who appeared as “The Most Interesting Man in the World” in an advertising campaign for Dos Equis beer, is reviving his persona to promote Bitcoin (BTC) exchange-traded funds (ETFs) for Bitwise Asset Management.

In a Dec. 18 post on X (Twitter), Bitwise released an ad spot with Goldsmith showing “The Most Interesting Man in the World” in an upscale bar, as he often did in the beer commercials. However, rather than saying his signature “Stay thirsty, my friends” over a Dos Equis bottle, the actor had a crypto-focused message for viewers:

Goldsmith appeared in multiple ad spots, portraying himself as “The Most Interesting Man in the World” from 2006 to 2018. The commercials included humorous “facts” about his character, including “he is the only man to ever ace a Rorschach test” and “he’s on the upgrade list for flights he hasn’t even checked into.”

Read more

Former LDO holder files class-action lawsuit against Lido DAO for crypto losses

The investor claimed that 64% of LDO tokens are controlled by just a few venture capital firms, preventing ordinary investors from having any control over decisions.

An LDO holder initiated a class-action lawsuit against the governing body for liquid staking protocol Lido, according to a complaint filed in a San Francisco United States District Court on Dec. 17. The lawsuit alleges that Lido’s LDO token is an unregistered security and that the Lido decentralized autonomous organization (Lido DAO) is liable for plaintiffs’ losses from the token’s price decline.

Lido is a liquid staking protocol that allows users to delegate their Ether (ETH) to a network of validators and earn staking rewards while also holding a derivative token called stETH that can be used in other applications. It is governed by holders of LDO, which collectively form Lido DAO.

The lawsuit was filed by Andrew Samuels, who resides in Solano County, California, the document states. The defendants are Lido DAO, as well as venture capital firms Paradigm, AH Capital Management, Dragonfly Digital Management and investment management company Robert Ventures. The document alleges that 64% of LDO tokens “are dedicated to the founders and early investors like [these defendants],” and therefore, “ordinary investors like Plaintiffs are unable to exert any meaningful influence on governance issues.”

Read more

SEC accused of ‘gaslighting’ in Coinbase rulemaking dispute

Pro-XRP lawyer John Deaton said that the SEC’s stance in the Coinbase rulemaking dispute directly opposes the SEC chair’s statements during his congressional testimony earlier in 2023.

In the ongoing legal dispute between Coinbase and the United States Securities and Exchange Commission (SEC), pro-XRP lawyer John Deaton accused SEC Chair Gary Gensler of gaslighting the public and disagreed with his stance on cryptocurrencies.

The accusation comes amid the SEC rejecting Coinbase’s crypto rulemaking petition for three reasons: applying current securities laws to cryptocurrencies, the SEC’s engagement with the crypto securities markets through rulemaking, and the significance of preserving the commission’s discretion in establishing its rulemaking priorities.

In a post on X (formerly Twitter), Deaton emphasized Gensler’s statement outlining the reasons for the SEC’s decision, where the SEC chair states, “there is NOTHING unique or new about cryptocurrencies.” Gensler added that Coinbase’s rulemaking request relies on the belief in the distinctiveness of the crypto ecosystem concerning asset volatility and the categorization of all assets as securities under current laws.

Read more

Ripple exec predicts crypto landscape shifts in 2024

Stuart Alderoty predicts the possible resolution of Ripple’s SEC lawsuit and U.S. lawmakers agreeing on the need for crypto regulations.

Ripple chief legal officer Stuart Alderoty has shared insights on the future of the cryptocurrency landscape in 2024. He discussed predictions about Ripple’s legal dispute with the United States Securities and Exchange Commission (SEC), the judiciary’s influence on crypto regulations and potential legislative challenges in the U.S. Congress.

Alderoty predicts the possible resolution of Ripple’s lawsuit with the SEC in 2024, and he cautions against the SEC’s persistent “regulation by enforcement” strategy, highlighting its potential consequences for the crypto industry.

Alderoty predicts a significant role for the judiciary in curbing SEC overreach, suggesting that ongoing legal conflicts could escalate to a confrontation in the U.S. Supreme Court.

Read more

SEC responds predictably to Coinbase’s 2022 crypto rulemaking petition: No

The existing laws are sufficient, according to Chair Gensler. Coinbase says it’s not done yet.

The United States Securities and Exchange Commission has denied a Coinbase petition for rulemaking on transactions with cryptocurrencies that are securities. Coinbase filed the petition in July 2022 and pushed steadily for a response.

SEC Chair Gary Gensler announced the commission’s decision in a Dec. 15 statement. He gave three reasons for denying Coinbase’s petition, which requested “rules to govern the regulation of securities that are offered and traded via digitally native methods, including potential rules to identify which digital assets are securities.”

Gensler first argued that existing laws and regulations already apply to crypto. His phrasing was nuanced:

Read more

Gensler hints Grayscale ruling forced SEC to take ‘new look’ at Bitcoin ETFs

The SEC chair could be softening his stance on Bitcoin ETFs following the Grayscale court victory, but if so, he hasn’t admitted it outright.

United States Securities and Exchange Commission (SEC) chair Gary Gensler has hinted that the regulator has been rethinking its approach to spot Bitcoin (BTC) exchange-traded products following a recent Grayscale court decision.

Speaking to CNBC on Dec. 14, Gensler was questioned about the long list of pending spot Bitcoin exchange-traded fund (ETF) applications. He said the SEC has “between eight and a dozen filings” going through the process at the moment.

“We had in the past denied a number of these applications,” he said before adding that the courts have weighed in on that. What followed was a statement suggesting that the agency could be changing its tack on Bitcoin:

Read more

Philippines SEC begins Binance ban countdown

The head of the Philippines SEC clarified that Binance and any other unregistered exchange issued with an advisory has three months before they are banned from the country.

The Philippines Securities and Exchange Commission head Kelvin Lee clarified in a panel on Dec. 13 that a ban on Binance would come into effect three months after its advisory was issued.

According to a report from local news BitPinas, Lee said there has been a lot of confusion on the internet about the ban after regulators issued an advisory to the cryptocurrency exchange for operating without a license on Nov. 28.

He was asked to clarify the matter and that the ban was “supposed to be three months from the issuance date,” which he said was given on Nov. 29.

Read more

Bitcoin ETF applicants will have to ‘bend the knee’ on cash redemption model

The SEC is pushing Bitcoin ETF issuers down the cash create route for creation and redemptions, but BlackRock has other ideas.

As spot Bitcoin (BTC) exchange-traded fund (ETF) issuers iron out details of their filings with the United States Securities and Exchange Commission (SEC), the regulator appears steadfast in demanding a “cash” redemption model instead of an alternative model proposed by other issuers such as BlackRock.

On Dec. 14, finance lawyer Scott Johnsson said that ETF applicants Invesco and Galaxy became the latest to bend the knee to using a cash creation and redemption model for their ETF.

Seyffart also noted that Bitwise has been set for cash-only creates/redeems since Dec. 4, “though for months they had in-kind or cash in their documents before this.”

Read more

SEC pushes deadline for decision on Invesco Galaxy spot Ethereum ETF to 2024

The commission had until Dec. 23 to decide or punt on approval or disapproval for the spot crypto investment vehicle.

The United States Securities and Exchange Commission has delayed its decision on whether to approve or disapprove a spot Ether (ETH) exchange-traded fund, or ETF, proposed by Invesco and Galaxy Digital.

In a Dec. 13 notice, the SEC said it would designate a longer period on whether to approve or disapprove a proposed rule change that would allow the Cboe BZX Exchange to list and trade shares of the Invesco Galaxy Ethereum ETF.

The proposed spot crypto investment vehicle is one of many being considered by the commission, which to date has never approved an ETF with direct exposure to Bitcoin (BTC) or other cryptocurrencies.

Read more