SEC vs. Coinbase: Pending Ruling on Motion for Interlocutory Appeal
The SEC and Coinbase are awaiting a court ruling on the Coinbase Motion for Interlocutory Appeal. Coinbase filed the Motion for Interlocutory Appeal in April 2024, requesting permission to appeal against the Coinbase Motion to Dismiss (MTD) ruling.
For context, Coinbase filed the MTD in August 2023, arguing that the SEC lacked the statutory authority to regulate crypto exchanges.
Judge Katherine Failla denied, in large part, the MTD, surmising,
“The court concludes that because the well-placed allegations of the Complaint plausibly support the SEC’s claim that Coinbase operated as an unregistered intermediary of securities, Defendants’ motion must be denied in large part.”
If Judge Failla grants the Coinbase Motion for Interlocutory Appeal, the SEC vs. Coinbase case will pause until the appeal process concludes. Successfully overturning the Motion to Dismiss could benefit XRP and the broader crypto market.
Will Judge Failla consider the recent SEC vs. Binance ruling in deliberating the Motion for Interlocutory Appeal?
SEC vs. Binance Ruling Addresses Programmatic Sales and US Securities Laws
In June 2024, Judge Amy Berman Jackson dismissed the SEC claims against Binance that secondary sales of Binance Coin (BNB) tokens qualified as securities under the Howey test.
Significantly, Judge Jackson referenced the Programmatic Sales of XRP ruling, stating,
“The court is inclined to agree with the approach of the court in Ripple Labs, since the ‘it-is-what-it-is’ approach of the SEC appears to be inconsistent with the clear Supreme Court directives […].”
Judge Jackson and Judge Torres disagreed with Judge Jed Rakoff, the presiding Judge in the SEC vs. Terraform Labs case.
In December, Judge Rakoff ruled Terraform Labs and founder Do Kwon violated US securities laws for selling unregistered TerraUSD and Luna. Judge Rakoff also referenced the Programmatic Sales of XRP ruling but for different reasons, stating that Judge Torres had erred in her ruling.
Varying court rulings on crypto classifications as commodities or securities create significant crypto market uncertainty. Another court ruling favoring the crypto industry could provide greater legal clarity in a US regulatory landscape lacking a crypto framework.
Investors must remain vigilant with court rulings pending from multiple SEC vs. crypto cases. Monitor real-time data and expert commentary to adjust your trading strategies accordingly. Stay informed with our latest updates and insights to navigate the crypto market.
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