.Coinbase is going on the offensive against the SECGov, arguing for a dismissal of the lawsuit and disputing the SEC's claim to regulatory authority.
United States-based cryptocurrency exchange Coinbase has filed a motion to dismiss a lawsuit brought by the Securities and Exchange Commission in June.
In an Aug. 4 filing with U.S. District Court for the Southern District of New York, lawyers for Coinbasea motion for judgment, claiming the SEC had “violated due process, abused its discretion, and abandoned its own earlier interpretations of the securities laws” in asserting certain regulatory authority over the crypto exchange. The legal team cited precedent from the SEC v. Ripple case, in which a judgelargely did not qualify as a security by the commission’s existing standards.
Specifically, Coinbase’s filing disputed that transactions of the 12 tokens at issue in the SEC case met the definition of “investment contracts” under the Howey test and the exchange was operating as an unregistered broker, and argued the commission’s challenges to its staking program “fail as a matter of law”. The crypto firm has requested the court dismiss the case, arguing the SEC’s enforcement action was “punitive” and represented an overreach in its authority granted by Congress.
By ignoring that precedent, the SEC has violated due process, abused its discretion, and abandoned its own earlier interpretations of the securities laws. By ignoring that precedent, the SEC has trampled the strict boundaries on its basic authority set by Congress. 2/3
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