Highlights:
- Coinbase has won court approval to appeal the SEC case and halt proceedings.
- FDIC documents reveal efforts to limit crypto services, including Bitcoin transactions in the banking sector.
- The legal battles highlight regulatory challenges and could reshape crypto industry rules in the United States.
The U.S. Securities and Exchange Commission (SEC) has lost a major legal battle against Coinbase. Coinbase won an interlocutory appeal request in an ongoing lawsuit, with Judge Catherine Polk Failla allowing it. Coinbase can now appeal to the Second Circuit of the U.S. for the SEC’s accusations that the exchange made this decision. Court of Appeals. The SEC accuses Coinbase of offering unregistered securities through its crypto offerings and staking program.
Coinbase (@coinbase) wins a major victory in its legal battle with the SEC! On Jan 7, Judge Failla grants Coinbase an interlocutory appeal to the Second Circuit Court of Appeals. The case centers on the Howey Test’s application to crypto assets. With proceedings stayed, this… pic.twitter.com/u7NTZ79soh
— CryptoniteUae (@CryptoniteUae) January 8, 2025
Paul Grewal, Coinbase’s Chief Legal Officer, announced the court’s decision. This ruling marks a shift from an earlier decision where the court rejected Coinbase’s arguments about its offerings. The case now moves to the appellate court, where the focus will be on defining an investment contract.
Judge Failla Halts SEC Proceedings Pending Second Circuit Review
Judge Failla ordered all proceedings in the case to stop until the appellate court provides a decision. She argued there was a need to shed further clarity on some important legal points.
Variant Fund’s Jake Chervinsky described the win as a huge development. The appellate decision could help ascertain whether securities laws apply to digital tokens in the secondary markets. A lawyer, Jeremy Hogan, said that such appeals are rare because they are a sign of the trial judge’s concerns.
Coinbase’s appeal also draws from arguments made in the Ripple case, another big crypto legal battle. Kraken’s Chief Legal Officer, Marco Santori, congratulated Coinbase on the win.
FDIC Documents Reveal Push to Limit Crypto and Bitcoin Services
Federal Deposit Insurance Corporation (FDIC) documents released by Coinbase also reveal its attempts to restrict crypto activities. These documents were obtained through a Freedom of Information Act (FOIA) request. Paul Grewal shared unredacted versions of the letters, which he called pause letters.
We finally got the unredacted OCP 2.0 letters from @FDICgov. It took a Court order but you can now read them for yourself below. They show a coordinated effort to stop a wide variety of crypto activity — everything from basic BTC transactions to more complex offerings. 1/3
— paulgrewal.eth (@iampaulgrewal) January 3, 2025
The documents reveal that the FDIC encouraged banks to stop offering crypto-related services. This includes basic Bitcoin transactions. Coinbase argues that with the letters, there was a coordinated effort to curb crypto activities in the banking sphere. He urged Congress to hold hearings to probe these findings.
Coinbase filed a Freedom of Information Act request after the FDIC initially released heavily redacted documents. These letters implicate the FDIC placing deposit caps on crypto-friendly banks.
FDIC Chairman Martin Gruenberg denied claims that crypto access was restricted. According to him, banks that offer crypto services are supervised more closely. However, crypto industry leaders assert the documents are evidence of regulatory overreach.
Broader Implications for Crypto Regulation and Industry Dynamics
The Coinbase legal battles are just one example of the regulatory hurdles crypto is facing. Coinbase is also involved in other legal disputes with the SEC over regulation standards. The exchange has filed several amicus briefs to support the crypto sector in these cases.
Coinbase also works to shape crypto policy outside of courtrooms. The company is a major Crypto donor to the Crypto Super PAC. The organization is an influencer in the political decisions concerning the crypto industry. Recently, Coinbase CEO Brian Armstrong opposed the reappointment of SEC Commissioner Caroline Crenshaw.
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