A federal judge in Manhattan has ruled that the US Securities and Exchange Commission (SEC) can proceed with its lawsuit against Coinbase, the largest U.S. cryptocurrency exchange. As highlighted by Leo Schwartz, Reporter at FortuneMagazine, the ruling casts a shadow over the crypto exchange’s victory in the legal battle, though the judge dismissed one claim made by the agency. This decision represents a significant development in the ongoing legal battle between regulators and the cryptocurrency industry.
The SEC’s lawsuit, filed in June, alleged that Coinbase violated securities laws by facilitating trading of crypto tokens that should have been registered as securities. Additionally, the SEC accused Coinbase of operating illegally as a national securities exchange, broker, and clearing agency without proper registration.
Judge Katherine Polk Failla largely allowed the SEC’s lawsuit to move forward, indicating a potential uphill battle for Coinbase in the legal arena. However, she did dismiss the claim that Coinbase acted as an unregistered broker through its wallet application, providing a partial victory for the exchange.Despite this partial win for Coinbase, the ruling largely aligns with the SEC’s approach to regulating cryptocurrencies and echoes previous decisions by judges who have sided with the regulator. This suggests a trend in the judicial system toward applying traditional securities laws to the digital asset space.
Coinbase has argued that cryptocurrencies differ from traditional securities like stocks and bonds and therefore should not be subject to the same regulations. However, Judge Failla rejected this argument, stating that the SEC has a plausible claim that some of the digital assets listed on Coinbase could be considered securities.
The SEC has relied on a U.S. Supreme Court ruling that established a test for determining whether an investment constitutes a security, with a key criterion being whether returns come solely from the efforts of others. The SEC has pointed to statements by developers of various cryptocurrencies, suggesting that investors could profit solely from the efforts of these developers.
While Coinbase and other players in the cryptocurrency industry continue to assert their positions, courts have largely upheld the SEC’s view that certain crypto assets are indeed securities. Unlike commodities, securities are subject to strict regulations, including registration requirements and detailed disclosures to investors.
