SEC Faces Lawsuit Accusing Overreach in Crypto Regulation

Kelvin Munene Murithi
February 22, 2024
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Highlights

  • Lejilex and CFAT sue SEC over digital asset regulatory overreach.
  • Lawsuit seeks clarity on crypto as non-securities in the US.
  • Case could redefine the SEC's role in cryptocurrency regulation.

Fort Worth’s headquartered cryptocurrency firm, Lejilex, in collaboration with the Crypto Freedom Alliance of Texas (CFAT), have commenced legal proceedings against the U.S. Securities and Exchange Commission (SEC). The plaintiffs contend that the SEC has overstepped the bounds of its regulatory jurisdiction by assuming control over the digital asset space without apparent legislative authority.

This lawsuit, filed in the U.S. District Court of Fort Worth, represents a significant threat to the SEC’s cryptocurrency regulation, asking for judicial validation that digital assets traded on such platforms as planned by Lejilex are not securities subject to its control.

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SEC Power Challenge

Lejilex, which plans to set up a cryptocurrency platform called Legit.Exchange, and CFAT, an advocacy group for the creation of the digital asset policy in Texas, have united in criticizing the SEC’s claims on jurisdiction over the crypto industry. The complaint highlights the absence of a clear statutory direction, giving the SEC the authority it has assumed to exert over digital assets.

In this legal challenge, Lejilex and CFAT seek a precedent that will allow listing previously existing tokens, including those that the SEC has labeled as securities in its lawsuits against significant exchanges such as Coinbase and Binance, without violating securities laws.

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Influence on the Crypto Industry

The lawsuit draws attention to the conflicts between the growing cryptocurrency industry and regulating bodies. Perceived by the plaintiffs, the SEC’s stand has placed significant operational hurdles in companies like Lejilex, and as a result, the industry is restrained from growth and innovation.

The lawsuit also points out the dilemma caused by the SEC’s use of enforcement actions instead of giving clear and proactive regulatory guidance. This ambiguity, the plaintiffs contend, not only hampers business growth but also endangers the United States’ standing as an innovator in the digital asset sector.

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Judicial Review of the SEC’s Regulatory Jurisdiction

According to the plaintiffs, the SEC’s expansive interpretation of its regulatory range, especially its treatment of digital assets as “investment contracts,” is overly broad and has no solid legal basis. They seek judicial relief for a judgment that the trades in digital assets on the websites like Legit.Exchange will not represent the trade with securities.

This challenge also invokes the “major questions” doctrine, claiming that the SEC’s substantial assertions of power need clear-cut approval from Congress, support that has been building over recent judicial precedents.

The outcome of this lawsuit could have far-reaching implications for regulating digital assets in the United States. A favorable ruling for Lejilex and CFAT might prompt reevaluating the SEC’s regulatory approach, potentially leading to a more collaborative and clearly defined regulatory framework for the crypto industry. Conversely, a decision upholding the SEC’s authority could affirm the regulatory status quo, reinforcing the commission’s capacity to oversee the digital asset market.

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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
Kelvin Munene is a crypto and finance journalist with over 5 years of experience, offering in-depth market analysis and expert commentary . With a Bachelor's degree in Journalism and Actuarial Science from Mount Kenya University, Kelvin is known for his meticulous research and strong writing skills, particularly in cryptocurrency, blockchain, and financial markets. His work has been featured across top industry publications such as Coingape, Cryptobasic, MetaNews, Cryptotimes, Coinedition, TheCoinrepublic, Cryptotale, and Analytics Insight among others, where he consistently provides timely updates and insightful content. Kelvin’s focus lies in uncovering emerging trends in the crypto space, delivering factual and data-driven analyses that help readers make informed decisions. His expertise extends across market cycles, technological innovations, and regulatory shifts that shape the crypto landscape. Beyond his professional achievements, Kelvin has a passion for chess, traveling, and exploring new adventures.
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.