Kraken has taken a huge blow in its fight against the SEC
Judge William Orrick has denied the exchange's attempt to dismiss the regulator lawsuit. However, the ruling proved to be quite controversial. For instance, Judge Jed Rakoff declined to distinguish between primary and secondary market transactions. Notably, Judge Orrick says that he aligns with the Ripple ruling. However, he has added that this is the first time that a court has dealt with a situation that involves the exchange of third-party tokens on secondary platforms.
"The meat of the SEC’s pleadings alleges that during their initial offerings and throughout subsequent transactions on Kraken, those assets were offered as, or sold as, investment contracts. This is an acceptable framing, and one that the SEC has repeatedly advanced in other cases," the court ruling said. Notably, Judge Orrick has also ruled that the regulator's case does not violate the Major Questions Doctrine.
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