Crypto Firm, Industry Group Sue US SEC for ‘Overreach’ on Digital Assets

A Texas cryptocurrency company and an industry group sued the U.S. Securities and Exchange Commission on Wednesday, saying the regulator has overstepped its authority and asking a judge to rule that digital assets traded on exchanges are not securities.

Fort Worth-based crypto company Lejilex and lobbying group Crypto Freedom Alliance of Texas (CFAT) claim the SEC has asserted jurisdiction over the industry without a “clear statutory mandate.”

Lejilex says it seeks to run a cryptocurrency platform called Legit.Exchange. The company formed last year said it plans to list digital assets including those the SEC has deemed securities in lawsuits against Coinbase, the largest cryptocurrency exchange in the U.S., and Binance, the world’s largest crypto exchange.

Lejilex wants the court to rule that listing pre-existing tokens will not violate securities laws.

“We wish we were launching our business instead of filing a lawsuit, but here we are,” Lejilex co-founder Mike Wawszczak said in a statement.

A spokesperson for the SEC did not immediately reply to a request for comment.

Both Coinbase and Binance have denied the SEC’s allegations.

CFAT asked the court to block the SEC from suing its members, and said the agency’s assertion of jurisdiction over digital assets has made it harder to convince Texas lawmakers to embrace “sensible policies.”

The group launched last year and counts Coinbase and venture capital firm Andreessen Horowitz’s a16z crypto fund as members.

CFAT and Lejilex argue the SEC is wrong to classify digital assets as “investment contracts” because they create no ongoing commitment between creator and purchaser.

They also asked the court to apply the “major questions” doctrine, which lets judges invalidate executive agency actions of “vast economic and political significance” unless Congress clearly authorized them.

The once-rare doctrine has gained traction among regulatory opponents, as the conservative-leaning U.S. Supreme Court has applied it in a couple of recent cases.

Crypto companies fighting SEC enforcement actions, including Coinbase and Binance, have made the same arguments in the other cases, so far without success.

A judge in July rejected the argument that an ongoing commitment is required to make an asset a security in the SEC’s case against Ripple Labs. Another judge overseeing the regulator’s lawsuit against Terraform Labs found the “major questions” doctrine does not apply to the cryptocurrency industry. Both of those cases were brought in New York.

The new lawsuit filed in federal court in Fort Worth brings the industry’s fight with the regulator under the jurisdiction of the 5th U.S. Circuit Court of Appeals. More than two thirds of the judges on the appeals court were appointed by Republican presidents, making it the favored venue for challenges to the SEC under the Biden administration.

The case was assigned to Judge Reed O’Connor, an appointee of Republican former President George W. Bush with a track record of ruling in favor of conservative litigants challenging laws and regulations governing guns, LGBTQ rights and healthcare.

Paul Clement, former U.S. Solicitor General under President George W. Bush, represents the plaintiffs.

© Thomson Reuters 2024


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NYC bar Association Seeks Crypto-Friendly Policy Reforms to Beat Talent Exodus

The Bar Association of New York City has noticed that certain policy reforms are required to maintain the city’s position as a lucrative hub for crypto and Web3 activities. At present, even though the US has not deployed concrete rules to govern crypto, several major companies are experimenting with digital asset spaces in order to connect with the younger generation of consumers. There are, however, certain issues which if resolved, can help the city maintain its crypto-friendly position, the Bar Association feels.

As part of its suggestion, the association has proposed to bring in laws that reduce transaction costs while maintaining security over them to benefit a wide array of businesses, including those concerning crypto and Web3. The security of financial transactions is overseen by the New York Uniform Commercial Code (UCC).

“The amendments will also help ensure New York’s leadership in commercial and financial progress and growth and will disincentivise migration of digital commerce to other jurisdictions which more clearly promote and encourage technological and commercial advances,” the city bar association said in its submission.

In its agenda, the bar association noted that it has been ten years since New York State’s UCC was last updated in 2014. Given the tech advancements that picked pace over this last decade, the association feels, policy amendments are the need of the hour.

“Eleven states have already enacted the Model UCC Amendments proposed by the Uniform Law Commission (ULC), and another 15 states and the District of Columbia have introduced bills covering the Model UCC Amendments. More states are expected to follow suit, and every time another state adopts the Model UCC Amendments, the more likely New York risks that market participants will prefer one of those states for transactions involving digital assets,” the agenda noted.

In the recent past, prominent Web3 players like Coinbase and Binance have complained of being extremely scrutinised by the Securities and Exchange Commission (SEC). On the sidelines of US’ pressure over crypto firms, several players expanded their operations abroad seeking greener pastures in terms of economic growth. The fear of losing Web3 talent to friendlier nations is something that Indian industry players are also concerned about – given that the regulations to oversee crypto are still being deployed gradually.

Meanwhile, other parts of the world like the UK and the UAE are taking brisk steps to establish their regions as hotspots for the digital assets sector.


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Credit Agricole’s CACEIS Registers as Digital Asset Custody Provider With French Regulator AMF

CACEIS, the asset servicing business owned by Credit Agricole and Santander, has registered with France’s markets regulator AMF to provide custody services for digital assets, such as cryptocurrencies.

The company registered as a digital asset service provider (DASP) on June 20, according AMF’s website, adding a major traditional financial services group to the growing number of crypto companies registered by the French watchdog.

France has been supportive of the nascent industry and was the first major European country to grant registration to the world’s biggest cryptocurrency exchange, Binance.

Subsidiaries of other big names in French finance, such as Societe Generale and AXA, are also listed among the DASPs registered with AMF.

CACEIS had EUR 4.1 trillion (roughly Rs. 3,36,37,200 crore) in assets under custody at end of last year, according to its website. Credit Agricole SA is its majority owner with a 69.5 percent stake, while Santander holds a 30.5 percent of the group.

On the other hand, months before cryptocurrency exchange Coinbase became the biggest target of the US crackdown on digital assets, the company launched an unusual legal offensive, recruiting top lawyers to try to shape court rulings in other cases.

Before the US Securities and Exchange Commission sued Coinbase on June 6, the company had weighed in on two other crypto-related lawsuits brought by the regulator and urged judges to adopt views on open legal questions that are now at the heart of its own case.

In each case, Coinbase filed briefs as an “amicus,” or friend of the court.

While common at the US Supreme Court, amicus briefs are filed in just 0.1 percent of cases in federal trial courts, according to law firm Gibson Dunn & Crutcher, although crypto industry groups have been filing an increasing number in SEC cases in support of defendants.

© Thomson Reuters 2023


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Bhutan Seeking Investment for $500 Million Fund for Green Crypto Mining in Himalayas

Bhutan’s investment arm and Nasdaq-listed company Bitdeer Technologies Group plan to seek investors for a fund worth up to $500 million (roughly Rs. 4,100 crore) that will be used to develop green crypto mining in the Himalayan kingdom.

Fund raising targeting institutional investors will begin at the end of May and the goal is to set up carbon-free digital mining that taps Bhutan’s abundant hydroelectric power, according to a joint statement Wednesday.

Mining is the least risky way for Bhutan to tap crypto opportunities and for now the nation will focus on Bitcoin, Ujjwal Deep Dahal, the chief executive officer of the investment arm, Druk Holding & Investments, said in an interview.

“It’s important for us to look at assets that are low volume, high value, or digital assets for that matter, and try to position ourselves in a way that we can be competitive globally over time to build our economy,” Dahal said.

Economic Strategy

Forest-laden Bhutan, sandwiched between China and India, has a population of about 777,000 and has long sought to diversify an economy reliant on hydropower revenues. Druk manages the government’s investments in traditional areas like stocks, bonds, technology, energy and real estate but also crypto mining and investment under what it calls a “future-facing” strategy.

Bitcoin miners race to solve complex mathematical puzzles using energy-hungry computing rigs, earning new supply of the token in return. That’s led to criticism of the environmental fallout when dirty fuels supply the power.

Miners were squeezed by a crash in digital-asset prices, rising energy costs and increased competition last year. Conditions have improved in 2023 amid a rebound in the crypto market.

Singapore-based Bitdeer, owned by Chinese entrepreneur Jihan Wu, is one of the top crypto miners by computer power and has one of the largest centers in Texas. The firm began trading on the Nasdaq last month after a long-delayed merger with a special purpose acquisition company finally closed.

Bitdeer expects to set up a 100-megawatt operation in Bhutan, with construction slated to start in the second quarter and be completed in July through September, a regulatory filing shows.

The company and Druk will also invest in the planned new fund, Bitdeer’s Chief Executive Officer Matt Linghui Kong said in an interview.

Druk ventured into crypto mining under a “sandbox” approach when Bitcoin was at about $5,000 (roughly Rs. 409,000), Dahal said. It also had some investments with the now bankrupt US digital-asset lenders BlockFi and Celsius Network but they were a small part of Druk’s portfolio and have been “settled,” Dahal added.

Bitcoin surged to a record high of almost $69,000 (roughly Rs. 56,43,772) in a pandemic-era crypto boom that peaked in 2021. The largest digital asset then sank below $16,000 (roughly Rs. 13,08,600) in 2022 but has since rebounded to about $28,500 (roughly Rs. 23,31,000).

Bhutan’s foray into the volatile and sometimes scandalous world of crypto is notable given that the nation is famed for using a “Gross National Happiness” index to gauge economic success. The gauge takes into account elements such as psychological wellbeing and ecological diversity to measure the standard of living.

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Former OpenSea Employee Made ‘Free Money’ Off NFTs, Says US Prosecutor

A former employee of OpenSea, the world’s largest marketplace for non-fungible tokens (NFTs), used inside knowledge of which assets would be featured on its homepage to make “free money,” a prosecutor said on Monday as an insider trading trial wound to a close.

The charges against Nathaniel Chastain, a former OpenSea product manager, were the first in a series of high-profile cases related to digital assets launched by the US Attorney’s office in Manhattan last year. Prosecutors have called it the first criminal insider trading case involving such assets.

Prosecutor Thomas Burnett said in his closing argument that Chastain chose which NFTs to feature, and then profited illegally by selling his tokens shortly thereafter. He made upwards of $50,000 (nearly Rs. 40 lakh) off such trades before getting caught in September 2021, Burnett said.

“He was using OpenSea’s information like his own piggy bank,” Burnett told the jury. “It was as good as free money.”

Chastain’s lawyers were expected to give their closing argument later on Monday. They have said that his actions were not insider trading, and that the information he accessed was not OpenSea’s property and had no inherent value to the company.

Chastain’s lawyers have also said OpenSea did not start banning employees from buying or selling featured collections or creators until Chastain’s last day, in September 2021. The company did not treat such information as confidential while Chastain worked there, his lawyer David Miller has argued.

Chastain faces one count of wire fraud and one count of money laundering. His trial before US District Judge Jesse Furman in Manhattan began last week.

The case could have broader implications for assets that do not fit into existing regulations preventing investment advisers, brokers and others from trading on material nonpublic information, legal experts have said.

© Thomson Reuters 2023


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Coinbase Clarifies to US SEC That It Does Not List Securities and Has Not Broken Any Securities Laws

Coinbase Global has reiterated its view to the US Securities and Exchange Commission that it has not broken any securities laws in its formal response to a legal threat received from the regulator, the firm said on Thursday.

Coinbase CEO Brian Armstrong and Chief Legal Officer Paul Grewal said the crypto exchange would like to list securities in the future but would not feel comfortable given the regulatory uncertainty, in a video response to the SEC made public on Thursday.

“Coinbase does not list securities,” Grewal said.

Last month, Coinbase said the SEC had sent a Wells notice — a formal declaration the regulator’s staff intends to recommend an enforcement action.

The incident is one of the latest signs of escalating tensions between the crypto sector and the SEC, which has taken the position that many digital assets are securities and are operating illegally outside of its oversight. The SEC has increasingly sought to tackle what it considers a lack of compliance among crypto firm intermediaries.

“No law or regulation authorizes the SEC to charge Coinbase for the alleged violations in the Wells notice,” Grewal said, noting what he perceives as a change in view by SEC Chair Gary Gensler. “We are on the brink of a fight that doesn’t need to happen, and frankly shouldn’t happen.”

Earlier this week, Coinbase appealed to a federal court to force the SEC to say whether it will create new rules for digital assets. Coinbase last year filed a petition for such a rulemaking.

Coinbase’s deputy general counsel, Katherine Minarik, said in an interview the company will focus on growing outside the US as needed.

“We are going to leave no stone unturned to push for regulatory clarity here,” Minarik said.

© Thomson Reuters 2023


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Google Admits Slump in Digital Assets Market Has Axed Ad Business

Google has acknowledged that crypto winter has negatively impacted the advertisement business. During its earnings call, Google’s parent company Alphabet said that the search engine giant registered merely six percent growth from ad revenues in the last quarter that ended in September. This figure is the lowest recorded by Google in ad revenue in almost ten years. Due to the slump in the crypto market, the revenue owing to financial ads have dropped down significantly.

Around September, the market cap of the crypto sector dropped lower than the trillion dollar-mark. Google’s Chief Business Officer Philipp Schindler noted that Google has seen a reduction in financial spending search between July and September.

“For example in financial services, we saw a pullback in the insurance, loan, mortgage, and crypto subcategories,” Bitcoin.com quoted Schindler as saying.

The slowdown in crypto activities axed the businesses of several companies related to the sector.

Just earlier this week, Freeway, a crypto staking platform has stopped buying and withdrawal services on its platform citing market fluctuations.

As investors in the crypto sector have pulled out owing to a low-risk appetite, many other crypto firms have faced similarly challenging situations this year.

Crypto lenders Celsius Network, BlockFi, Vauld, and Voyager are among those platforms that went from pausing withdrawals to declaring bankruptcy amid the crypto market volatility.

The crypto sector has, in recent times, emerged as a point of exploration for Google.

Earlier this month, for instance, Google and Coinbase revealed plans for a strategic partnership, which would allow select customers to pay for the cloud services using crypto from early 2023.

At the time, Thomas Kurian, CEO of Google Cloud had said that Google aims to make building in Web3 faster and easier.


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Asset Tokenisation: Here’s What We Know About It

Asset tokenisation is the process of creating digital units of a physical or virtual property that is held on blockchain networks. Each of the tokens of an individual property, amount for some percentage of the entity. For instance, Person A holds a property in New Delhi. Asset tokenisation of this property could chop up its ownership into 100,000 digital tokens (or even more). Each of these units can represent say, 0.0002 percent of the property.

Tokenising an asset can help its owner churn quick capital by issuing tokens on a blockchain, that would allow people to purchase it and trade it on other exchanges as well. Every token buyer owns 0.0002 percent of the ownership in the asset in the form of an NFT.

Tokenising an asset can increase the liquidity of the assets. The property owner could sell 50,000 tokens, instead of selling the entire property and losing its utility as a liveable space.

What can be Tokenised?

Almost next to anything can be tokenised. They may be exotic things like sports teams, artworks, and celeb merchandises as well as traditional assets like binds, commodities, capital funds, and real estate, claimed a blog by Hadera.com.

Steps to Tokenise assets

After selecting what asset to tokenise, its owner will have to choose a cryptocurrency and linked blockchain to back up the token. Smart contracts will be developed for potential buyers to agree upon.

Along with crypto wallet integration, the plans for launching the token for trading in the markets also need to be put in place. As per a Cronj research, tZERO, ConsenSys Codefi, Polymath, and Bitbond are among popular asset tokenisation platforms.

Tokenised stocks are often backed 1:1 to traditional stocks, allowing holders to get the same benefits as owning the underlying stock. These can be purchased via cryptocurrencies or fiat currencies on supported trading platforms.

The worldwide tokenisation market is predicted to increase from $1.9 billion (roughly Rs. 15,648 crore) in 2020 to $4.8 billion (roughly Rs. 39,533 crore) by 2025, at a CAGR of 19.5 percent during the forecast period. Tokenising assets have, in recent times, picked up as a trend.

In July, Brazilian fintech firm BEE4 planned to launch the first local marketplace for tokenised stocks in the Latin American country. Essentially, BEE4 will be replicating the structure of a traditional stock exchange while allowing traders to tokenise their public offerings.

In April, Goldman Sachs had announced its plans to see if real life assets can be tokenised along with non-fungible tokens (NFTs).


Cryptocurrency is an unregulated digital currency, not a legal tender and subject to market risks. The information provided in the article is not intended to be and does not constitute financial advice, trading advice or any other advice or recommendation of any sort offered or endorsed by NDTV. NDTV shall not be responsible for any loss arising from any investment based on any perceived recommendation, forecast or any other information contained in the article. 

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India Finalising Consultation Paper on Cryptocurrencies, Says DEA Secretary Ajay Seth

The government will soon finalise a consultation paper on cryptocurrencies with inputs from various stakeholders and institutions, including the World Bank and the IMF, Economic Affairs Secretary Ajay Seth said on Monday. He also underlined the need for a global response to deal with issues concerning cryptocurrencies as these operate in the virtual world. The Reserve Bank of India (RBI) on many occasions has expressed its reservation about such virtual currencies citing a threat to macroeconomic stability.

Speaking on the sidelines of the curtain raiser event of ‘Iconic Week’ as part of Azadi Ka Amrit Mahotsav to be celebrated by the Finance Ministry, Seth said the consultation paper is fairly ready.

“We have consulted not just the domestic institutional stakeholders but also organisations like the World Bank and the IMF. So, we hope that we will soon be in a position to finalise our consultation paper,” he said.

Simultaneously, he said, India has also started work on some sort of global regulations.

“Countries which have prohibited, they can’t success unless there is a global consensus around that. There has to be a broad framework of participation. Digital assets, whatever way we want to deal with those assets, there has to be a broad framework on which all economies have to be together. No country can choose to either of the position. We need a global consensus on crypto regulation,” he said.

If you recall, Seth said, the Prime Minister has made this observation time and again.

Expressing hope, he said, India is poised to become the fastest growing among large economies in the world despite global challenges.

“We can overcome the current challenges as well as the challenges that will come to us in the coming years in the Amrit Kal. There are strong global headwinds which have impacted the global economy, … Even despite all those, India is poised to grow the fastest among all large countries in the world. That was the position six months back and that will be our assessment even today,” he said.

Seth also assured that inflation should be moderating with the help of both and fiscal and monetary measures.

When asked what more measures are being envisaged to cool down prices, he said, it is evolving situation and difficult to say what future steps are likely.

Whatever the current challenges are they are being responded to in a timely manner, he added.

Earlier this month, the government had announced several measures, including a cut in excise duty on petrol and diesel prices by Rs. 8 per litre and Rs. 6 per litre, respectively.

With moderation in commodity prices, he said, “We do expect in the coming months the inflation should be moderating, and for that whatever steps that were needed from the fiscal side have been taken, and the RBI is also taking those measures.” When asked if the geopolitical tension can impact growth, he said, “when headwinds are there obviously things slow down.” At the time of the budget, he said, “one estimate was Indian economy will grow at 8-8.5 percent, the budget assumed 7.5 percent, at that point in time…I have not seen any rating agency talking about a number lower than this. This is a dynamic situation…please understand we are fairly integrated with the global economy.” As per the Economic Survey, India’s economy is expected to grow by 8-8.5 percent in the fiscal beginning April 1.

The International Monetary Fund recently lowered its growth forecast to 8.2 percent which is higher than 7.2 percent by the Reserve Bank of India.


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