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New Lawyer Joins SEC vs. Coinbase Battle

By Jerry McNeill
Sep 4, 2023
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The crypto community, digital asset organizations, and lawmakers have rallied behind the dismissal of the US Securities and Exchange Commission (SEC) lawsuit targeting Coinbase. In a recent development, attorney Patrick Kennedy has entered the fray, seeking court approval to represent the Digital Chamber of Commerce as amicus counsel.

On August 31, Kennedy submitted a formal request to participate as a party (in connection with the incident) and to act as legal counsel for the Friends of the Digital Chamber of Commerce. The Digital Chamber, alongside the Blockchain Association, has played a crucial role as amicus curiae, or "friend of the court," offering guidance to the court despite not being directly involved in the case.

The Digital Chamber's mission is to counter the SEC's attempts to regulate the digital asset industry through enforcement actions. Rather than providing clear guidance and regulations, the SEC's actions appear to run counter to the ongoing efforts in both houses of the US Congress to develop cryptocurrency regulations .

Coinbase's top executives, Brian Armstrong and Paul Grewal, remain optimistic about the lawsuit's dismissal. Grewal contends that the SEC and its Chairman Gary Gensler are attempting to stifle cryptocurrency innovation within the United States. In addition, lawmakers have called on the court to dismiss the lawsuit. Recent rulings in the Ripple and Grayscale cases have underscored the SEC's lack of clarity in distinguishing which cryptocurrencies qualify as securities, revealing gaps in regulatory oversight.

Gensler's position asserts that all cryptocurrencies, except Bitcoin, should be classified as securities, and the SEC should have overarching authority over the entire crypto industry. However, the SEC's credibility has been challenged due to seemingly inconsistent claims about cryptocurrencies. Moreover, the SEC's delay In making decisions regarding seven Bitcoin ETFs could potentially have financial repercussions for investors.

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