Coinbase lawyers argue US court judgment on student loan debt cancellation strengthens fight against SEC

TL;DR Breakdown

  • Coinbase argues that a recent Supreme Court ruling on student debt cancellation supports its defense against charges of operating an unregistered securities venue brought by the SEC.
  • The exchange asserts that the SEC’s lawsuit is an attempt to exert excessive control over the digital asset industry, while lawmakers have yet to establish clear rules for cryptocurrencies.
  • Coinbase presents legal defenses, including the major questions doctrine, abuse of discretion, equitable estoppel, unclean hands, and laches, and opposes the SEC’s motion to strike these defenses.

Description

Coinbase argued in a legal filing on Wednesday that a recent U.S. Supreme Court judgment on student debt cancellation strengthens its fight against charges of operating an unregistered securities venue. The Securities and Exchange Commission (SEC) filed a lawsuit on June 6, accusing Coinbase of violating federal securities law. However, Coinbase maintains that the lawsuit … Read more

Coinbase argued in a legal filing on Wednesday that a recent U.S. Supreme Court judgment on student debt cancellation strengthens its fight against charges of operating an unregistered securities venue. The Securities and Exchange Commission (SEC) filed a lawsuit on June 6, accusing Coinbase of violating federal securities law. However, Coinbase maintains that the lawsuit is an attempt by the regulator to exert excessive control over the digital asset industry, citing a recent Supreme Court ruling as precedent.

The Supreme Court ruling, issued on June 30, upheld the position that the Secretary of Education had exceeded their authority by canceling approximately $430 billion in student debt. This ruling emphasized the legal doctrine that government agencies must have clear support from Congress for decisions of significant economic or political importance. Coinbase argues that the case, referred to as Biden v. Nebraska, has implications for its own situation since lawmakers have yet to establish clear regulations for the cryptocurrency industry.

In its legal filing, Coinbase asserts that Congress has not granted the SEC the “clear congressional authorization” required to exercise regulatory authority over digital assets. The company highlights ongoing congressional considerations of regulatory frameworks for the digital asset industry, including a bipartisan bill favoring the Commodity Futures Trading Commission (CFTC) over the SEC. The SEC contends that digital assets such as Solana (SOL), Cardano (ADA), and Polygon (MATIC) are regulated securities and accuse Coinbase of knowingly operating without proper registration. Similar allegations have been made against Binance and Bittrex, both of which deny the charges, claiming the SEC lacks jurisdiction.

A preliminary hearing is scheduled for later today in a New York courtroom, marking the beginning of what could be a lengthy trial. In a separate case, Coinbase recently obtained a Supreme Court victory when judges ruled that a user’s lawsuit against the exchange could not proceed until after an appeal.

Coinbase responds to SEC’s motion to strike defenses

In response to a letter from the Securities and Exchange Commission (SEC) announcing its intent to file a motion under Federal Rule of Civil Procedure 12(f) to strike several of Coinbase’s defenses, Coinbase filing on Wednesday argues against the SEC’s proposed motion, asserting that it fails to meet the required standards.

Coinbase contends that motions to strike should only be granted when there are strong reasons to do so. However, the company argues that the SEC’s proposed motion does not satisfy any of the elements necessary for such a motion to succeed. Coinbase maintains that its defenses, including those based on the major questions doctrine, abuse of discretion, equitable estoppel, unclean hands, and laches, have legal and factual grounding.

The major questions doctrine, as previously invoked by Coinbase, prevents the SEC from exercising extensive regulatory authority over the digital asset industry without clear congressional authorization. Coinbase emphasizes that Congress is actively considering regulatory structures for the industry and has not yet delegated such regulatory authority to the SEC. Coinbase also cites a recent Supreme Court ruling in Biden v. Nebraska as further support for its position.

Coinbase’s other defenses, including abuse of discretion, equitable estoppel, unclean hands, and laches, are based on the SEC’s alleged regulatory overreach, reversing course without sufficient notice, and causing undue prejudice to Coinbase and its shareholders. The company argues that these defenses share the same factual basis as its fair notice defense, which the SEC does not propose to strike.

Given the limited potential impact of the SEC’s motion to strike and the importance of Coinbase’s potentially case-dispositive motion under Rule 12(c), the company requests that its motion be promptly addressed without delay caused by additional briefing on the SEC’s motion.

Future implications for the cryptocurrency industry

The ongoing legal battle between Coinbase and the SEC holds significant implications for the broader cryptocurrency industry. The outcome of the trial will not only determine Coinbase’s fate but may also shape the regulatory landscape for digital assets in the United States. With lawmakers considering various digital asset laws, including a bill favoring the CFTC over the SEC, the industry awaits clearer regulatory frameworks.

The hearing today will mark the initial phase of what could be a protracted legal process, potentially spanning several years. As the parties prepare to present their arguments, the crypto community and industry stakeholders will closely monitor the proceedings, as the trial’s outcome could have far-reaching consequences for the future of digital asset trading and regulation.

Disclaimer. The information provided is not trading advice. Cryptopolitan.com holds no liability for any investments made based on the information provided on this page. We strongly recommend independent research and/or consultation with a qualified professional before making any investment decisions.

文章来源于互联网:Coinbase lawyers argue US court judgment on student loan debt cancellation strengthens fight against SEC

Disclaimers:

1. You are solely responsible for your investment decisions and this info is not liable for any losses you may incur.

2. The copyright of this article belongs to the writer, it represents the writer's opinions only, not represents the site's ones. Not financial advice.

Previous 2023年7月14日 02:03
Next 2023年7月14日 03:08

Related articles

  • Namibia embraces crypto legislation

    TL;DR Breakdown Namibia’s National Assembly passes crypto regulation bill, waiting for official enactment. Law aims to safeguard consumers, counter market abuse, and mitigate money laundering risks. Crypto remains non-legal tender in Namibia, individual owners assume risk. Description Namibia, a Southern African nation, is making headway in establishing its position on the digital financial landscape. The National Assembly recently approved a pivotal bill, the objective of which is to legalize and govern virtual assets, such as cryptocurrencies. Now in the stage of being officially enacted, the law is a cornerstone for Namibia’s journey … Read more Namibia, a Southern African nation, is making headway in establishing its position on the digital financial landscape. The National Assembly recently approved a pivotal bill, the objective of which is to legalize and govern virtual assets, such as cryptocurrencies. Now in the stage of being officially enacted, the law is a cornerstone for Namibia’s journey into the realm of digital finance. Namibia’s anticipated move to safeguard interests The new law’s implications are far-reaching, extending beyond just the recognition of digital assets. The Minister of Finance…

    Article 2023年7月8日
  • Binance CEO predicts decentralized finance will eclipse centralized financial systems

    TL;DR Breakdown Binance CEO Changpeng Zhao predicts that decentralized finance (DeFi) will soon outperform centralized financial systems (CeFi), citing advantages like transparency, lower costs, and resilience. DeFi platforms have attracted both retail and institutional investors, amassing billions in total value locked (TVL). Description Changpeng Zhao, the CEO of Binance, one of the world’s leading cryptocurrency exchanges, forecasted that decentralized finance (DeFi) platforms would soon outperform centralized financial systems (CeFi). Zhao’s prediction comes at a time when DeFi platforms are gaining unprecedented traction, offering services like lending, borrowing, and asset trading without the need for traditional financial intermediaries. Why … Read more Changpeng Zhao, the CEO of Binance, one of the world’s leading cryptocurrency exchanges, forecasted that decentralized finance (DeFi) platforms would soon outperform centralized financial systems (CeFi). Zhao’s prediction comes at a time when DeFi platforms are gaining unprecedented traction, offering services like lending, borrowing, and asset trading without the need for traditional financial intermediaries. Why DeFi could outshine CeFi During a September 1 live X Spaces (formerly Twitter Spaces), titled CZ AMA, the Binance CEO outlined several reasons for…

    Article 2023年9月4日
  • Venezuela set to liquidate its national crypto Petro

    TL;DR Breakdown Venezuela’s national cryptocurrency, Petro, is reportedly nearing its end, according to insiders at the Superintendency of Cryptoactives (Sunacrip), the overseeing authority. The Petro’s blockchain operations recently came to an unexpected halt, causing concern within the national and international crypto community. The Petro’s value had depreciated significantly before this halt, despite the government maintaining its public worth at $60 each. After a five-year life span teetering on the brink of insubstantiality, Venezuela’s national cryptocurrency, the Petro, seems to be nearing its end. This impending demise, as suggested by insiders, is set to be carried out by the Superintendency of Cryptoactives (Sunacrip), the authority vested with the task of overseeing the nation’s virtual currency realm. The waning Petro and an unsettled crypto community The blockchain of Petro, a cryptocurrency tethered to oil and mineral prices in Venezuela, has been recently implicated in a corruption scheme with PDVSA, the nation’s state-owned oil and gas company. This alleged involvement added fuel to the mounting suspicions about the crypto asset’s stability when its blockchain operations came to an unexpected halt in late May….

    Article 2023年6月19日
  • Do Kwon’s possibility of record-breaking dual sentences in both the US and South Korea

    TL;DR Breakdown Do Kwon, is facing the possibility of multiple sentences in both the United States and South Korea, according to a senior South Korean prosecutor leading the investigation.  Prosecutor Dan Sunghan stated that it would make more sense to extradite Kwon to South Korea in order to bring justice and recover damages for victims.  Sunghan mentioned that the potential sentence in South Korea could be the longest ever handed down in the country.  The co-founder and CEO of Terraform Labs, Do Kwon, is facing the possibility of multiple sentences in both the United States and South Korea, according to a senior South Korean prosecutor leading the investigation. Currently, under house bail in Montenegro, Kwon, and Terraform Labs’ chief financial officer, Han Chang-Joon, must reside at Chang-Joon’s legal residence in Montenegro while awaiting a decision on extradition. Speaking to Bloomberg, prosecutor Dan Sunghan stated that it would make more sense to extradite Kwon to South Korea in order to bring justice and recover damages for victims. Sunghan explained that most of the initial investigation into the collapse of the Terra…

    Article 2023年6月13日
  • IRS CI leads global effort to train Ukraine in cybersecurity

    TL;DR Breakdown The IRS CI collaborates with global partners to train Ukrainian officials in cybercrime prevention. Dutch FIOD and UK’s HMRC have also contributed to the cyber training sessions. Russian military groups have raised $20 million in cryptocurrency post-Ukraine invasion. Description The IRS Criminal Investigation (CI) has teamed up with international partners to provide advanced training to Ukrainian law enforcement. The focus is combatting cybercrime, with a keen eye on the intricacies of cryptocurrencies and blockchain-based tracking. Moreover, the Dutch Fiscal Information and Investigation Service (FIOD) and the UK’s His Majesty’s Revenue and Customs (HMRC) have … Read more The IRS Criminal Investigation (CI) has teamed up with international partners to provide advanced training to Ukrainian law enforcement. The focus is combatting cybercrime, with a keen eye on the intricacies of cryptocurrencies and blockchain-based tracking. Moreover, the Dutch Fiscal Information and Investigation Service (FIOD) and the UK’s His Majesty’s Revenue and Customs (HMRC) have joined forces with the IRS CI. Together, they delivered further cyber training to Ukrainian officials in June. This collaboration saw a second round from September 18th…

    Article 2023年9月25日
TOP