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Potential Outcomes for SEC vs. Coinbase

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Release: 2024-07-01 14:47:30
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Coinbase filed a Motion for Interlocutory Appeal in April, asking the court for permission to appeal against the Motion to Dismiss (MTD) decision.

Potential Outcomes for SEC vs. Coinbase

Coinbase filed a Motion for Interlocutory Appeal in April, requesting the court's permission to appeal against the Motion to Dismiss (MTD) decision.

Coinbase filed the Motion to Dismiss in August, arguing that the SEC lacked the statutory authority to regulate crypto exchanges. Judge Katherine Failla went on to largely deny the Motion to Dismiss, concluding,

"The court concludes that because the well-placed allegations of the Complaint plausibly support the SEC's claim that Coinbase operated as an unregistered intermediary of securities, Defendants’ motion must be denied in large part."

If Judge Failla grants the Coinbase Motion for Interlocutory Appeal, Coinbase could cite the SEC vs. Binance in its appeal. Successfully overturning the Motion to Dismiss ruling may end the era of regulation through enforcement and the debate on whether cryptos are securities or commodities.

Significantly, the court rulings rejecting that cryptos are securities give the Commodity Futures Trading Commission (CFTC) greater authority over the US digital asset space.

Coinbase Motion for Interlocutory Appeal: Key PointsCoinbase filed a Motion for Interlocutory Appeal in April, following Judge Katherine Failla's largely dismissed decision on the SEC's Motion to Dismiss (MTD) in August. Notably, Coinbase had argued that the SEC lacked the statutory authority to regulate crypto exchanges.

If Judge Failla grants the Motion for Interlocutory Appeal, Coinbase could cite the SEC vs. Binance in its appeal. Moreover, a successful appeal could conclude the era of regulation through enforcement and the debate on whether cryptos are securities or commodities.

Importantly, court rulings denying that cryptos are securities would give the Commodity Futures Trading Commission (CFTC) greater authority over the US digital asset space. XRP and the broader crypto market could benefit from greater CFTC involvement for three key reasons:

The Responsible Financial Innovation Act would grant the CFTC increased authority over the US digital asset space. The bipartisan bill also aims to support innovation while protecting American consumers.

In contrast, the Digital Asset Anti-Money Laundering Act proposes anti-money laundering (AML) and countering the financing of terrorism (CFT) frameworks for the US digital asset space. Senators Elizabeth Warren and Roger Marshall drafted the bill with the assistance of the American Bankers Association.

The bill aims to impose banking-style regulations onto the US digital asset space under the purview of the SEC. Ultimately, court decisions denying cryptos are securities could empower the Commodity Futures Trading Commission (CFTC), fostering a more innovation-friendly environment in the digital asset space. This shift may pave the way for XRP-spot ETFs and reduce legislative hurdles.

XRP Price ActionXRP traded at $0.38 at the time of writing, up 1.11% in the past 24 hours and down 6.03% over the last seven days. XRP's total market cap stood at $19,109,934,134, making it the seventh-largest cryptocurrency.

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source:kdj.com
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