Coinbase sues SEC after months of silence from federal regulator (2024)

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Employees of Coinbase Global Inc, the biggest U.S. cryptocurrency exchange, watch as their listing is displayed on the Nasdaq MarketSite jumbotron at Times Square in New York, April 14, 2021.

Shannon Stapleton | Reuters

Crypto exchange Coinbase filed suit against the Securities and Exchange Commission on Monday, asking that the regulator be forced to publicly share its answer to a months-old petition on whether it would allow the crypto industry to be regulated using existing SEC frameworks.

The July 2022 petition asked that the SEC "propose and adopt rules to govern the regulation of securities that are offered and traded via digitally native methods," referring to digital assets like cryptocurrencies.

The SEC did not offer a specific public response to Coinbase's petition, but in recent months has aggressively ramped up enforcement actions and warnings against crypto exchanges, including Coinbase.

"From the SEC's public statements and enforcement activity in the crypto industry, it seems like the SEC has already made up its mind to deny our petition. But they haven't told the public yet. So the action Coinbase filed today simply asks the court to ask the SEC to share its decision," Coinbase chief legal officer Paul Grewal said in a blog post.

Since January, the SEC has taken action against crypto exchanges Bittrex & Gemini, crypto lender Genesis, and a number of individual actors accused of manipulating crypto assets, including crypto entrepreneur Justin Sun and disgraced Terraform Labs founder Do Kwon.

The move is Coinbase's first formal salvo against the regulator, a little over a month after it was warned by the SEC of pending legal action through a Wells notice.

"Coinbase does not take any litigation lightly, especially when it relates to one of our regulators. Regulatory clarity is overdue for our industry," Grewal said in the blog post. "Yet Coinbase and other crypto companies are facing potential regulatory enforcement actions from the SEC, even though we have not been told how the SEC believes the law applies to our business."

The SEC declined to comment.

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Coinbase sues SEC after months of silence from federal regulator (1)

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Coinbase sues SEC after months of silence from federal regulator (2024)

FAQs

What happens if the SEC wins against Coinbase? ›

Why it matters: If the SEC's argument that most cryptocurrencies are securities under U.S. law prevails in court, it would limit who can hold them, or use the new asset class. It would also be an existential threat to the exchange — and, in fact, the cryptocurrency industry itself (at least, within the United States).

Is Coinbase lawsuit real? ›

Coinbase Global Inc. (COIN) suffered a setback as a judge denied the company's motion to dismiss a lawsuit filed by the U.S. Securities and Exchange Commission (SEC) for violating securities laws. 1 The company's stock dropped as much as 4.8% on Wednesday but eventually gained some lost ground.

What was the SEC opinion on Coinbase? ›

US District Judge Katherine Polk Failla ruled that under federal securities laws, “the SEC has sufficiently pleaded that Coinbase operates as an exchange, as a broker, and as a clearing agency under the federal securities laws, and, through its Staking Program, engages in the unregistered offer and sale of securities.”

What was the court decision against Coinbase? ›

The decision is a blow to Coinbase and other cryptocurrency players who have argued the SEC has no power to regulate them because they don't traffic in “securities” that have to be registered. The judge, however, dismissed claims that Coinbase's Wallet application acts as a broker under the US law.

Will Coinbase win the SEC lawsuit? ›

The Securities and Exchange Commission scored a major win in its lawsuit against Coinbase. A judge ruled that the SEC's claim that the cryptocurrency exchange engaged in unregistered sales of securities could be heard by a jury at trial.

Will Coinbase report to IRS? ›

Coinbase sends Forms 1099-MISC to the IRS and to traders who made more than $600 in crypto rewards or staking. $600 is the current Coinbase IRS reporting threshold. This may be subject to change in future years.

Who owns Coinbase? ›

The ownership structure of Coinbase Global (COIN) stock is a mix of institutional, retail and individual investors. Approximately 29.66% of the company's stock is owned by Institutional Investors, 10.30% is owned by Insiders and 60.04% is owned by Public Companies and Individual Investors.

Can I still use Coinbase? ›

Update as of November 20, 2023: We have completed the phased migration of Coinbase Pro customers to Coinbase Advanced. Starting on November 20, 2023, Coinbase Pro will no longer be supported on web and mobile, and customers will not be able to login.

What is Coinbase current debt? ›

Total debt on the balance sheet as of December 2023 : $2.99 B. According to Coinbase's latest financial reports the company's total debt is $2.99 B. A company's total debt is the sum of all current and non-current debts.

Why not to use Coinbase? ›

High fees compared to competitors: Many reviewers believe that Coinbase charges relatively high fees when compared to other platforms in the industry. Users express dissatisfaction with these fees, especially considering that they are imposed on top of the fees already charged by crypto networks.

How much has Coinbase lost? ›

Coinbase profit

Coinbase lost $2.6 billion in 2022, a huge swing for the company which reported $3 billion in net profit the previous year.

Why is Coinbase blocked? ›

This restriction may be applied for several reasons

Our security team suspected that your account was being targeted by a malicious user. We detected a security issue with your information when processing an account recovery.

Does the SEC have authority over crypto? ›

Securities and Exchange Commission (SEC): The SEC oversees the issuance and sale of securities, including digital assets that meet the definition of securities. This means cryptocurrencies that meet the criteria to be considered securities must be registered with the SEC and comply with its regulations.

Is Coinbase SEC insured? ›

Coinbase carries crime insurance that protects a portion of digital assets held across our storage systems against losses from theft, including cybersecurity breaches.

Is your money protected on Coinbase? ›

How are my digital assets insured? Coinbase carries crime insurance that protects a portion of digital assets held across our storage systems against losses from theft, including cybersecurity breaches.

Does SEC have control over crypto? ›

Exchange Regulation

The global and borderless nature of cryptocurrencies necessitates cross-border collaboration. Exchanges listing securities tokens must register with the SEC as national securities exchanges. This regulatory control ensures that these platforms operate securely and within legal boundaries.

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