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Anticipated Decision: Grayscale Bitcoin ETF Verdict Imminent, Experts Predict

By Barry Stidham
Aug 15, 2023
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Grayscale Investments is in the process of considering whether to transform its Bitcoin product, and a decision regarding its bitcoin spot exchange-traded fund (ETF) lawsuit against federal securities regulators might be reached by the end of the week.

Scott Johnsson, a General Partner at Van Buren Capital, shared in a tweet on August 11 that during August, US District Court clerks usually undergo rotations, causing judges to hold off on clearing their caseloads until the new clerks are in place. He hi highlighted that In both March 2021 and 2022, 30 out of 32 cases were heard by the US District Court within 160 days of oral testimony, and these cases were also heard in August. He also pointed out that since Grayscale's trial in 2020, 160 days have also elapsed since oral arguments. The lawsuit against the SEC was initiated on March 7. Presently, only a few unsettled cases remain from the March dispute, Johnson added.

Meanwhile, Bloomberg analyst James Seyffart has suggested that the decision might be reached as early as August 15, which he has long considered to be his "theoretical Grayscale suit decision date." The SEC rejected Grayscale's application to convert its GBTC into a spot bitcoin ETF in June 2022. In response, Grayscale filed a lawsuit against the securities regulators, alleging arbitrary action and inconsistent treatment of similar investment vehicles. Many industry experts, including Cathie Wood from ARK Invest and ETF analyst Nate Geraci , are predicting a favorable outcome for Grayscale in the lawsuit. Grayscale recently voiced that the SEC should approve all bitcoin spot ETF applications simultaneously to ensure fair competition among applicants.

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