- SEC attorneys apologize to the U.S. District Court for misrepresenting facts in the restraining order and asset freeze against DEBT Box.
- Judge Robert Shelby expressed concern over the SEC’s misleading representations, leading to a reevaluation of the case and proposed mandatory staff training.
- The SEC argued that its staff did not engage in bad-faith conduct and that mandatory training would address the issues
The Securities and Exchange Commission (SEC) attorneys have formally apologized for misrepresenting facts in a case against the cryptocurrency firm, Digital Licensing Inc., or DEBT Box. The apology was directed to a U.S. District Court in Utah following a judge’s demand for an explanation regarding the SEC’s actions, which included a restraining order and asset freeze on the firm.
The SEC enforcement chief Gurbir Grewal acknowledged the agency’s failure to meet its standards, emphasizing the extraordinary responsibility of the SEC in enforcing federal securities laws. The SEC’s 27-page response admitted to shortcomings and outlined plans for mandatory training for the staff involved in the investigation.
The case against DEBT Box, initiated in July, accused the firm of defrauding investors of nearly $50 million. The SEC sought a temporary restraining order and asset seizure, arguing that the defendants were attempting to move operations overseas to evade regulatory oversight. However, the defendants contested the SEC’s claims, leading to scrutiny of the SEC’s representations in court.
Judge Robert Shelby, overseeing the SEC’s case against Debt Box, expressed concern over the SEC’s “materially false and misleading representations” and the potential undermining of the court’s integrity. The SEC’s filing conceded that in its haste to secure emergency relief, the staff made errors in presenting and contextualizing evidence, including making inferences without direct evidence and potential inadvertent alerts to defendants through social media interactions.
The SEC argued against sanctions, stating that its staff did not engage in bad faith conduct and that mandatory training would address the issues. The filing also noted that a new team of attorneys from the agency’s Office of the General Counsel was assigned to reassess the SEC’s actions in the case.
The incident has garnered attention within the crypto community, reflecting on the SEC’s aggressive enforcement actions and the need for accuracy and integrity in legal proceedings. The case continues to unfold as the SEC and DEBT Box navigate the legal complexities and implications of the enforcement action.
