KuCoin processada pela New York AG: tudo o que você precisa saber
- A procuradora-geral do estado de Nova York, Letitia James, entrou com uma ação contra a KuCoin pela venda de valores mobiliários e commodities sem registro em NY.
- James seeks to stop KuCoin from operating in New York and to block access to its website until it complies with the law.”
- O processo é a primeira vez que o Ether (ETH) foi considerado um valor mobiliário e comparado com LUNA e UST.
- James pediu ao tribunal para tornar a KuCoin sujeita a bloqueio geográfico e bloquear o acesso ao aplicativo móvel e ao site da exchange cripto.
- A exchange ainda não respondeu à intimação da Procuradoria-Geral da República (OAG).
Popular crypto exchange KuCoin has been trying to boost its trading volume amid the crypto market downturn that has got investors’ riled up for quite some time. Moreover, the quarta maior exchange de criptomoedas por volume de negociação à vista ganhou as manchetes em 9 de março, depois que a procuradora-geral do estado de Nova York, Letitia James, entrou com uma ação contra a bolsa para venda de valores mobiliários e commodities sem estar registrada para isso.
De acordo com um declaração released by authorities, James “continued her efforts to crack down on unregistered cryptocurrency platforms by filing a lawsuit against KuCoin for failing to register as a securities and commodities broker-dealer and falsely representing itself as an exchange.” It is crucial to note that the Office of the Attorney General (OAG) was able to buy and sell cryptocurrencies on KuCoin, which is not registered to operate in New York.
The announcement added that “through this enforcement action, Attorney General James seeks to stop KuCoin from operating in New York and to block access to its website until it complies with the law.” AG James filed the suit in the Supreme Court of the State of New York County and alegado that the Seychelles-based crypto exchange violated securities law when it “sold, offered to sell, purchased, and offered to purchase cryptocurrencies that are commodities and securities” to New Yorkers without being registered with the OAG’s office.
James also stated in the complaint that KuCoin “wrongfully represented itself as an “exchange” without appropriate registration or designation in violation of New York law while targeting the KuCoin Earn program, “a security in which KuCoin pooled investors’ cryptocurrencies to generate income for both itself and investors.”
The lawsuit claims that under New York’s Martin Act and “both state and federal authority, ETH, LUNA, and UST are commodities,” and KuCoin did not register itself as a commodities broker. Moreover, “ETH, LUNA, UST, and KuCoin Earn are each securities under Waldstein,” a test created in 1936 by the New York Supreme Court of Albany County.
James also wants the court to direct the crypto exchange “to implement geoblocking based on IP addresses and GPS location to prevent access to KuCoin’s mobile app, website, and services from New York.”
“KuCoin has not responded to the OAG’s subpoena. KuCoin has demonstrated no effort to comply with New York law, while continuing to provide its services to New Yorkers. Indeed, KuCoin has been the subject of repeated regulatory action internationally, and yet continues to flout its registration obligations,” read the complaint.
Interestingly, this action is one of the first times a regulator has claimed in court that ETH is a security, and the complaint seeks a permanent injunction against KuCoin for “selling and buying securities and commodities to and from New Yorkers.”
James took to the social media platform Twitter to confirm the lawsuit, adding that this is the “eighth action to rein in shadowy cryptocurrency platforms that disregard our laws and put New Yorkers at risk.”
On the other hand, some members of the crypto community were furious with the action taken by James, asking her to “stop ‘protecting’ us” while the others were against the fact that ETH can be clubbed together with LUNA/UST.
Jornalista cripto com mais de 3 anos de experiência em DeFi, NFT, metaverso, etc. Parth trabalhou com grandes meios de comunicação no mundo cripto e financeiro e ganhou experiência e conhecimento em cultura criptográfica depois de sobreviver a mercados de baixa e alta ao longo dos anos.
