Coinbase Vs SEC: US SEC Requests Court To Consider Terra Ruling In Coinbase Suit

Varinder Singh
January 5, 2024
Why Trust CoinGape
CoinGape has covered the cryptocurrency industry since 2017, aiming to provide informative insights to our readers. Our journal analysts bring years of experience in market analysis and blockchain technology to ensure factual accuracy and balanced reporting. By following our Editorial Policy, our writers verify every source, fact-check each story, rely on reputable sources, and attribute quotes and media correctly. We also follow a rigorous Review Methodology when evaluating exchanges and tools. From emerging blockchain projects and coin launches to industry events and technical developments, we cover all facets of the digital asset space with unwavering commitment to timely, relevant information.
Just-In: Coinbase And SEC Send Joint Letter To Judge Concerning Judgment

The Terra lawsuit judge ruling in favor of the U.S. SEC was a major win for the securities regulator after multiple losses risking even its oversight power. The SEC now urging courts to consider the Terra ruling in Binance, Coinbase, and other lawsuits and announce orders in favor of the SEC highlighting that defendants have violated securities laws.

Advertisement
Advertisement

Coinbase Vs SEC: Files Terra Lawsuit Supplement Authority

Plaintiff U.S. Securities and Exchange Commission (SEC) has filed a notice of supplemental authority with the court, as per the latest filing with the court dated January 4. The SEC wants the court to consider ruling in SEC v. Terraform Labs in support of its opposition to Coinbase’s Motion for Judgment on the Pleadings.

The SEC cites “The Terraform court resolved in the SEC’s favor issues relevant to the consideration of Defendants’ motion in this case,” seeking judgment in its favor in the Coinbase lawsuit.

The SEC claims that the court in Terra case addressed the definition of “investment contract” to reject the defendants’ efforts to “cast aside decades of settled law” and that an investment contract doesn’t mean a contract, transaction, or scheme.

In addition, the court applied ‘Howey Test‘ to rule UST, LUNA, wLUNA, and MIR as investment contracts, therefore, are securities. SEC said it is relevant regarding Coinbase’s listing and offering unregistered securities to investors.

Furthermore, the court granted summary judgment to the SEC on its claim that defendants violated Section 5 of the Securities Act of 1933. The SEC seeks a similar summary judgment against Coinbase.

Also Read: BitMEX’s Arthur Hayes Predicts 40% Correction In BTC Price Post Spot Bitcoin ETF Approval

Advertisement
Advertisement

SEC Says Terra Ruling Relevant in Binance Lawsuit

CoinGape first reported that the U.S. SEC filed a notice of supplemental authority in the lawsuit against Binance, Binance.US, and Changpeng Zhao on January 3. The SEC argues Terra ruling is relevant in the case and can address the state to deny motions to dismiss the lawsuit.

The SEC also filed supplemental authority to consider the Binance-DOJ guilty plea and settlement. Binance and CZ hit back at SEC for bringing irrelevant and impermissible aspects in completely distinct case.

Also Read: How Likely Is US SEC To Give Early Spot Bitcoin ETF Approval?

Advertisement
coingape google news coingape google news
Investment disclaimer: The content reflects the author’s personal views and current market conditions. Please conduct your own research before investing in cryptocurrencies, as neither the author nor the publication is responsible for any financial losses.
Ad Disclosure: This site may feature sponsored content and affiliate links. All advertisements are clearly labeled, and ad partners have no influence over our editorial content.

Why Trust CoinGape

CoinGape has covered the cryptocurrency industry since 2017, aiming to provide informative insights Read more…to our readers. Our journal analysts bring years of experience in market analysis and blockchain technology to ensure factual accuracy and balanced reporting. By following our Editorial Policy, our writers verify every source, fact-check each story, rely on reputable sources, and attribute quotes and media correctly. We also follow a rigorous Review Methodology when evaluating exchanges and tools. From emerging blockchain projects and coin launches to industry events and technical developments, we cover all facets of the digital asset space with unwavering commitment to timely, relevant information.

About Author
About Author
Varinder has over 10 years of experience and is known as a seasoned leader for his involvement in the fintech sector. With over 5 years dedicated to blockchain, crypto, and Web3 developments, he has experienced two Bitcoin halving events making him key opinion leader in the space. At CoinGape Media, Varinder leads the editorial decisions, spearheading the news team to cover latest updates, markets trends and developments within the crypto industry. The company was recognized as Best Crypto Media Company 2024 for high impact and quality reporting. Being a Master of Technology degree holder, analytics thinker, technology enthusiast, Varinder has shared his knowledge of disruptive technologies in over 5000+ news, articles, and papers.
Investment disclaimer: The content reflects the author’s personal views and current market conditions. Please conduct your own research before investing in cryptocurrencies, as neither the author nor the publication is responsible for any financial losses.
Ad Disclosure: This site may feature sponsored content and affiliate links. All advertisements are clearly labeled, and ad partners have no influence over our editorial content.