“The Howey test is a transaction-by-transaction analysis,” Deaton argued. “There are thousands of digital assets and thousands, sometimes millions, of transactions occurring on various blockchains. Because of this inconvenient reality, the SEC adopted an unconstitutional shortcut by effectively saying all transactions of the tokens violate securities laws.” Source
The SEC is suing a Bitcoin mining company Geosyn, alleging that the firm engaged in an unregistered securities offering, raising over $5.6 million through deceptive practices. The U.S. Securities and Exchange Commission (SEC) has filed a lawsuit against Geosyn Mining, a Texas-registered Bitcoin mining firm, alongside its founders Caleb Joseph Ward and Jeremy George McNutt, alleging their involvement in an unregistered and fraudulent securities offering. According to the lawsuit, between November 2021 and December 2022, the defendants raised more than $5.6 million from about 64 investors “through the sale of…
The SEC is anticipated to deny applications for spot Ethereum ETFs following discouraging meetings with issuers. The U.S. Securities and Exchange Commission (SEC) is expected to reject applications for spot exchange-traded funds (ETFs) tied to the price of Ethereum, the second-largest crypto by market value. According to a Reuters report, U.S. financial firms don’t expect spot Ethereum ETF approval to happen in May, citing discouraging meetings with the watchdog in recent weeks. Thus far, VanEck, ARK Investment Management, and seven other issuers have submitted filings with the SEC to list…
Standard Chartered, which was previously optimistic about the U.S. Securities and Exchange Commission (SEC) approving spot ether exchange-traded fund (ETF) applications in May, has now revised its prediction. The bank still sees a positive long-term future for spot ethereum ETFs. Standard Chartered on Spot Ether ETFs Standard Chartered, previously optimistic about a May approval for […] Source BitcoincryptoexchangeExchanges CryptoX Portal
The complaint adds that the SEC’s encroaching authority over Ethereum goes against its own past statements that the cryptocurrency is a commodity, not a security (citing former director Bill Hinman’s 2018 speech), as well as the SEC’s sister regulatory agency, the Commodities Futures Trading Commission (CFTC), own authority over Ethereum, which oversees derivative products tied to ether. Source
The U.S. SEC has again postponed its decision on applications for spot Bitcoin ETF options. According to a recent filing, the SEC delayed its decision to launch options trading on the Bitcoin ETF while requesting public comment. The SEC said comments must be provided within the next 21 days and rebuttals within 35 days. The agency has questioned whether options on spot Bitcoin ETFs should follow the same rules as stocks. “Whether options on the specified Bitcoin ETPs should be subject to the same position limits as options on stock, and whether the available…
Over the past 24 hours, Ethereum (ETH), the second-largest cryptocurrency by market capitalization, has experienced a significant 5% price drop. This drop comes amid growing speculation that the highly anticipated Ethereum ETFs will likely be rejected by the US Securities and Exchange Commission (SEC) in the upcoming May deadline. US Bitcoin ETF Issuers Brace For SEC’s Expected Denial According to a recent Reuters report, various US Bitcoin ETF issuers and firms anticipate the SEC’s denial of their applications to launch ETFs tied to the price of ETH. These expectations have…
“The recent high-profile cases against Terra/Do Kwon and Ripple, with penalties reaching hundreds of millions or even billions of dollars, do signal a change in the SEC’s strategy,” University of Pennsylvania assistant law professor Andrea Tosato told CoinDesk in an interview. “Overall, I would say that it appears the SEC is trying to send the message that … the reward is just not worth the risk.” Source
The Blockchain Association and the Crypto Freedom Alliance of Texas have taken legal action against the U.S. SEC. The two groups contend that the SEC is instituting a new rule, adopted in February, that would negatively impact the crypto industry. The SEC’s rule extends federal securities laws to market participants with significant liquidity-providing roles, encompassing cryptocurrency transactions. The complaint, filed on Monday in a Texas district court, cites violations of the Administrative Procedures Act (APA), which governs federal agency rulemaking. “Before more harm can be done by this rabid regulator,…
Grayscale’s application to convert its trust into a spot Ethereum ETF has been delayed by the U.S. SEC. The SEC deferred its decision on a proposed rule change to allow U.S. national exchanges to list and trade spot Ethereum (ETH) ETFs pitched by Grayscale until June 23. “The Commission finds that it is appropriate to designate a longer period within which to issue an order approving or disapproving the proposed rule change so that it has sufficient time to consider the proposed rule change, as modified by Amendment No. 1,…