The SEC can sue Coinbase for offering unregistered securities, judge rules (2024)

The question of who gets to regulate crypto has some answers, as a judge has ruled the Securities and Exchange Commission’s securities lawsuit against Coinbase can continue. US District Judge Katherine Polk Failla ruled that under federal securities laws, “the SEC has sufficiently pleaded that Coinbase operates as an exchange, as a broker, and as a clearing agency under the federal securities laws, and, through its Staking Program, engages in the unregistered offer and sale of securities.”

Despite arguments from some in the crypto community that existing laws are inadequate, the judge rejected those claims directly, writing, “The ‘crypto’ nomenclature may be of recent vintage, but the challenged transactions fall comfortably within the framework that courts have used to identify securities for nearly eighty years.”

While the judge ruled against most of Coinbase’s arguments for dismissal, she dismissed the SEC’s claims against its Wallet. The SEC’s arguments “fall short of demonstrating that Coinbase acts as a ‘broker’ by making Wallet available to customers,” said Judge Failla.

In response to the ruling, Coinbase chief legal officer Paul Grewal tweeted, “Early motions like ours against a government agency are almost always denied. But clarity is the ultimate goal and today’s decision continues us on that path.”

The SEC can sue Coinbase for offering unregistered securities, judge rules (2024)

FAQs

The SEC can sue Coinbase for offering unregistered securities, judge rules? ›

US District Judge Katherine Polk Failla ruled that under federal securities laws, “the SEC has sufficiently pleaded that Coinbase operates as an exchange, as a broker, and as a clearing agency under the federal securities laws, and, through its Staking Program, engages in the unregistered offer and sale of securities.”

Is Coinbase getting sued by SEC? ›

Cases Follow SEC Suit Against Coinbase

The SEC has an open lawsuit against Coinbase related to the alleged operation of an unregistered securities exchange.

What court rule is against Coinbase? ›

Zoom in: The conservative-led court upheld the Ninth Circuit court's in Coinbase, Inc. v. Suski, which denied Coinbase's motion to compel arbitration. Flashback: Coinbase held a dogecoin sweepstakes with prizes valued at up to $1.2 million.

Is it possible to sue Coinbase? ›

The court will want to know why you are suing Coinbase, how much are you suing Coinbase for, and finally how you calculated the amount you are suing Coinbase for. You will need to search for the correct legal name (legal entity name) Coinbase uses in your state on the Secretary of State website for your state.

Is Coinbase selling unregistered securities? ›

The Court finds that the SEC adequately alleges that Coinbase, through its Staking Program, engaged in the unregistered offer and sale of securities,” Failla wrote.

Who is the judge in the Coinbase SEC lawsuit? ›

Judge Katherine Polk Failla, of the District Court for the Southern District of New York, scheduled a hearing on short notice Thursday after SEC attorneys asked her to block a Coinbase subpoena last month directed at Gensler.

Are unregistered securities illegal? ›

Under the federal securities laws, a company may not offer or sell securities unless the offering has been registered with the SEC or an exemption to registration is available.

Can Coinbase refund money? ›

All transactions made with cryptocurrency are direct peer-to-peer payments from the customer to the merchant. This means that once a payment is sent, there is no way for Coinbase to reverse the transaction or reclaim funds on your behalf.

Can I file a complaint against Coinbase? ›

If you have a question or complaint, please first contact the consumer assistance division of Coinbase at https://help.coinbase.com or (888) 908-7930, or at its mailing address: 1350 Ave of the Americas, Fl 2 # 1143, New York, NY 10019.

Can I sue Coinbase for locking my account? ›

You can sue Coinbase in small claims court. If you choose this you will be asked to attend court hearings and pay court fees to get started. You can also use consumer arbitration. This is something laid out in your contract with Coinbase, found in the small print of the user agreement.

What is the class action lawsuit against Coinbase? ›

A class-action lawsuit against Coinbase was recently filed by a serial crypto litigator on behalf of its customers, alleging the exchange sells unregistered securities and operates as an unlicensed broker/dealer.

Can you recover money from Coinbase? ›

You can recover funds to most self-custodial wallets, including Coinbase Wallet. During the recovery process, you'll connect your owned self-custodial wallet. Only certain assets are eligible for recovery. Start by attempting the recovery.

What is the SEC action on Coinbase? ›

The SEC had charged Coinbase with acting as a national securities exchange, a broker and a clearing agency with respect to transactions in thirteen identified crypto-assets, which the SEC contended were “securities” as understood under federal securities law, in violation of Sections 5, 6,15(a) and 17A(b) of the ...

Did the SEC sue Coinbase alleges it is an unregistered broker? ›

The Securities and Exchange Commission today charged Coinbase, Inc. with operating its crypto asset trading platform as an unregistered national securities exchange, broker, and clearing agency. The SEC also charged Coinbase for failing to register the offer and sale of its crypto asset staking-as-a-service program.

What is the court decision on Coinbase? ›

The court went against the U.S. crypto exchange on its latest, highly technical arbitration dispute, but it wasn't addressing anything significant about the digital assets space. Coinbase took a loss in its latest Supreme Court argument on a very narrow point about arbitration.

What crypto company is being sued by the SEC? ›

The Securities and Exchange Commission charged Coinbase, Inc. with operating its crypto asset trading platform as an unregistered national securities exchange, broker, and clearing agency. The SEC also charged Coinbase for failing to register the offer and sale of its crypto asset staking-as-a-service program.

Is Coinbase in trouble? ›

The company has also come under fire for its unclear policies. According to an SEC complaint, Coinbase has made billions of dollars unlawfully facilitating the buying and selling of crypto asset securities.

Is Coinbase registered with the SEC? ›

The Court granted judgment in favor of Coinbase on the SEC's claim that Coinbase acts as an unregistered broker through its wallet service in violation of Section 15(a) of the Exchange Act.

What exchanges is the SEC suing? ›

SEC sues crypto giant Binance and its CEO

The U.S. Securities and Exchange Commission on Monday sued the world's largest crypto exchange and its CEO Changpeng "CZ" Zhao, alleging market manipulation, securities law violations and fraud.

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