Coinbase sabia que estava violando as leis dos EUA, afirma a SEC

• A SEC apresentou uma resposta a um resumo da Coinbase afirmando que a bolsa sabia que estava violando as leis dos EUA.
• The regulator said that the crypto exchange “made the calculated decision to take on this risk.”
• Coinbase legal chief Paul Grewal said that the SEC filing contradicts Gary Gensler’s statements. 
• A bolsa acredita que a SEC não tem jurisdição para processar a bolsa de criptomoedas.

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According to the United States Securities and Exchange Commission (SEC), the leading exchange in the country, Coinbase, knew that it was in violation of US securities laws prior to the regulator’s lawsuit. The two entities have been arguing over the listing of some of the cryptocurrencies on the exchange that the regulator considers securities.

A SEC apresentou uma arquivamento judicial in response to Coinbase’s claims that the regulator does not have sufficient authority to file a lawsuit against the crypto exchange. It is crucial to note that the regulator entrou com uma ação contra a plataforma de negociação de criptomoedas em junho, alegando que a empresa liderada por Brian Armstrong estava operando uma bolsa de valores não registrada. 

No processo, o regulador mencionou 13 criptomoedas diferentes que são valores mobiliários não registrados, incluindo Solana (SOL), Cardano (ADA) etc.

“Coinbase, a multi-billion-dollar entity advised by sophisticated legal counsel, argues it was unaware that its conduct risked violating the federal securities laws, and suggests that by approving Coinbase’s registration statement in 2021, the SEC confirmed the legality of Coinbase’s underlying business activities – at that time and for all time,” the SEC said.

In the filing sent by the lawyers representing the SEC to Judge Katherine Polk Failla of the Southern District Court of New York, the regulator said that Coinbase “adopted the very legal framework as a basis for making listing decisions that it now claims has no applicability to its activities.”

Paul Grewal, the Chief Legal Officer at the crypto exchange, said that the SEC is ignoring the statements made by Chair Gary Gensler a month ago, wherein he said that “there are no regulatory authorities applicable to cryptocurrency exchanges.”

After Coinbase gave notice of it intent to move to throw out their case, we consented to a few extra days for the SEC to explain why it intends to oppose. They’ve now filed and, sadly, it’s more of the same. 1/6

— paulgrewal.eth (@iampaulgrewal) 7 de julho de 2023

É importante observar que os registros da Coinbase também apontam o fato de que um risco potencial para os clientes gira em torno da possibilidade de ativos digitais listados serem considerados valores mobiliários. 

“These actions clearly show that Coinbase understood that the securities laws could apply to its conduct and knew which rules to consider in evaluating the legality of its conduct, but nevertheless made the calculated decision to take on this risk in the name of growing its business,” the SEC filing said.

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