Tuesday, October 8, 2024

Shocking Twist in Binance Case: SEC Admits 10 Crypto Tokens Aren’t Securities!

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The post Shocking Twist in Binance Case: SEC Admits 10 Crypto Tokens Aren’t Securities! appeared first on Coinpedia Fintech News

In the ongoing legal battle between the U.S. SEC and Binance, the regulatory body has filed a motion to modify its original complaint. This move comes as a response to a recent district court ruling that denied crypto exchange Kraken’s attempt to dismiss similar allegations. Meanwhile, the SEC’s latest filing drops a bombshell, revealing that ten major crypto tokens, including Solana and Cardano, are not considered securities.

SEC Admits Mistake on Crypto Asset Securities

The SEC has recently filed a request to modify its original complaint against Binance, Binance.US, and co-founder Changpeng Zhao. This updated filing reveals a major shift in the SEC’s stance, recognizing that some tokens—including Solana (SOL), Cardano (ADA), and Polygon (MATIC)—are not securities on their own.

This change comes in response to a recent court decision in the Kraken case, where the SEC’s broad definitions faced significant judicial pushback. The updated complaint aims to correct earlier misunderstandings and align with the court’s findings.

The newly filed documents include a redlined version of the proposed amended complaint, showing exactly what has been changed. The SEC has also included the court order from the Kraken case to provide context and clarity on its revised position.

By acknowledging these corrections, the SEC is working to refine its approach and reduce confusion about the regulatory status of these ten tokens. 

Coinbase CLO Response to SEC’s New Filing

Paul Grewal, Chief Legal Officer at Coinbase, quickly responded to the SEC’s filing on X, pointing out an important note in the updated complaint. Grewal highlighted that the SEC has now acknowledged it may have confused by calling certain tokens securities. This marks a significant shift in the SEC’s position.

https://docs.google.com/document/d/1EKjIP3k7BgaxoLgJiUdMHRsXcxusVwO0Fv132PI6A-s/edit?usp=sharing

Ripple’s Chief Legal Officer, Stuart Alderoty, also commented, noting that while Ethereum (ETH) seems to have avoided the SEC’s scrutiny, the ten tokens still face regulatory challenges.

However, the SEC continues to allege that these assets are sold as investment contracts and will pursue regulatory enforcement against them.

So the SEC finally admits that 1/ “crypto asset security” is a made up term and 2/ to prove a “crypto asset security” is an investment contract, the SEC needs evidence of a bundle of “contracts, expectations, and understandings”?

Think it’s time for @SECgov to admit it has… https://t.co/iJIYTnNvxs pic.twitter.com/E58Pft7irc

— Stuart Alderoty (@s_alderoty) September 13, 2024

What’s Next for Binance?

Binance is expected to respond to the SEC’s request by October 11. The amended complaint and the SEC’s evolving stance highlight the regulator’s ongoing efforts to assert control over the crypto industry. 

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