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Crypto party: The SEC dropping a major lawsuit could open the floodgates for more deregulation

In This Article:

Bitcoin Balloon 2
Bitcoin Balloon 2Andriy Onufriyenko
  • The SEC is dropping its lawsuit against Coinbase, a crypto firm it said was an unregistered securities exchange.

  • The development marks a big shift in enforcement priorities, experts told Business Insider.

  • "This is not about how the litigation was going, this is about the Trump administration not wanting to go after crypto."

The Securities and Exchange Commission is ending a nearly two-year case against Coinbase, a development that's likely a harbinger of the coming era of lighter regulation of digital assets under the Trump Administration.

Coinbase said Friday that the SEC would abandon the Biden-era lawsuit, which alleged that the largest US crypto exchange was an unregistered securities exchange, broker, and clearing agency.

Shares of the crypto exchange rallied on the news before giving up gains. Coinbase CEO Brian Armstrong said it marked a "huge day" for the company, adding that the SEC's case was "bogus."

Other industry insiders cheered the news.

"It never made sense for the SEC to target one of the best run and most compliant players in the industry," Eli Cohen, General Counsel at tokenization platform Centrifuge, said. "This quick dismissal with $0 in fines is another indicator of just how egregious and unusual the Gensler approach to crypto really was."

"This action is very welcome as it helps dispel the cloud of legal and regulatory uncertainty that has been hanging over the industry's head for years," Chrissy Hill, chief legal officer of Parity Technologies, said.

An SEC enforcement crackdown under former chair Gary Gensler saw similar cases pursued against other crypto firms, including US exchange Kraken, and Binance, the world's largest crypto exchange.

"There's a common understanding in the industry that there is a wholesale re-examination of enforcement priorities and open investigations and lawsuits, particularly as they impact the digital asset industry," said Alan Konevsky, executive vice president and chief legal and corporate affairs officer at tZERO, said.

He added that it's not unreasonable to expect other pending SEC litigation to be dropped.

According to Zack Shapiro, head of policy at the Bitcoin Policy Institute, the Coinbase decision bodes well for other exchanges that have been in the regulator's crosshairs in recent years. However, the legal theory behind the SEC's original complaint remains unchanged.

"Right now, for token issuers, the rules are all the same, and this is definitely more of a like vibe shift, or enforcement priorities shift from the SEC."