- Coinbase files an amicus brief in the SEC v Wahi case in support of the dismissal of the lawsuit.
- Coinbase argues that SEC uses old securities rules on a new different technology.
Coinbase joins Ripple, Paxos, and other crypto firms to claim the need for new rules and regulations as the US Securities and Exchange Commission is accused of using old rules for completely new technology. According to Coinbase, SEC should focus on setting proper rules and guidance related to securities instead of some misguided securities lawsuit.
It can be recalled that the SEC and the US Justice Department filed a civil and criminal charge against Ishan Wahi, a former manager in the assets and investing products group at Coinbase Global, and his brother Nikhil Whai, as well as their friend, Sameer Ramani for engaging in insider trading. It was reported that Ishan had first-hand knowledge of the kind of assets Coinbase planned to support before making an official announcement on Twitter. According to the reports, in June 2021 and April 2022, Ishan repeatedly tipped this non-public information concerning the timing and content of the various listings to Nikhil and Ramani.
Coinbase strongly opposes the securities fraud charges
According to Coinbase chief legal officer Paul Grewal, the company filed an amicus brief in the case to support the dismissal of the misguided lawsuit. Last year, the company petitioned the Agency to make rules on digital asset securities as the existing ones do not apply to digital assets.
Coinbase doesn’t list securities but we would like to. We even petitioned the SEC to begin a rulemaking on this issue last year. We put forward 50 questions that would need to be answered for us to list securities – we haven’t heard back on any of them.
With the existing lawsuit, Coinbase admits that the insider trading and wire fraud charges are valid. Ishan has also pleaded guilty to the charges. However, the company object to the securities fraud charges. According to them, assets listed on the platform are not securities, henceforth, the lawsuit should be dismissed.
Blockchain Association filed separate amicus brief on the case
In February, the Blockchain Association and the Chamber of Digital Commerce equally filed a separate amicus brief asking the court to dismiss the lawsuit on the ground that the old securities rule should not be complied by digital assets. According to the Chamber of Digital Commerce, SEC is making attempts at “backdoor” rulemaking and has unfairly labeled several crypto assets as securities.
Chamber of Digital Commerce, with help from Winston & Strawn LLP, filed an amicus brief in SEC v. Wahi. This case should be dismissed as it represents an unprecedented expansion of the SEC’s campaign of regulation through enforcement.
SEC’s jurisdiction over crypto assets was strongly questioned. It also questioned whether the secondary market of crypto assets should be considered securities transactions in the Securities Act of 1933 and the Securities Exchange Act of 1934.
Congress is expected to approve a crypto regulation bill soon. In addition, SEC is said to lack rule-making authority but has, however, proceeded with lawsuits and enforcement activities.
Perianne Boring, Founder, and CEO of the Chamber of Digital Commerce commented on the SEC v Wahi lawsuit:
This case represents a stealthy, yet dramatic and unprecedented effort to expand the SEC’s jurisdiction reach and threatens the health and viability of the U.S. marketplace for digital assets.
