Lawyers See Weakness in SEC's Response to Coinbase
The Breakdown
Blockworks
4.8 • 806 Ratings
🗓️ 11 July 2023
⏱️ 16 minutes
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| 0:00.0 | Welcome back to The Breakdown with me, NLW. |
| 0:09.3 | It's a daily podcast on macro, Bitcoin, and the big picture power shifts remaking our world. |
| 0:18.4 | What's going on, guys? It is Monday, July 10th, and today we are talking about the SEC's latest response to Coinbase. |
| 0:27.1 | Before we get into that, however, if you are enjoying the breakdown, please go subscribe to it, |
| 0:30.9 | give it a rating, give it a review, or if you want to dive deeper into the conversation, |
| 0:34.3 | come join us on the Breakers Discord. You can find a link in the show notes or go to |
| 0:37.7 | bit.ly slash breakdown pod. Well, friends, today we pick up right where we left off at the end of last |
| 0:44.2 | week, because on Friday afternoon, fairly late, we got this thread dropped from Paul Grewell, |
| 0:49.0 | the chief legal officer at Coinbase. He wrote, after Coinbase gave notice of its intent to move to throw out |
| 0:55.8 | their case, we consented to a few extra days for the SEC to explain why it intends to oppose. |
| 1:01.9 | They've now filed, and sadly, it's more of the same. They ignore the plain requirement in the |
| 1:06.7 | Supreme Court's holding in Howie decades ago that an investment contract first and foremost requires |
| 1:12.1 | enforceable rights against an issuer. It requires more than just an investment of money, |
| 1:16.6 | etc. They ignore their obligation to give due regard to the public interest and investor protection |
| 1:21.0 | when they allowed us to list publicly over two years ago. They ignore the statements of their |
| 1:25.6 | own chair a month later in testimony before Congress |
| 1:28.2 | that there are no regulatory authorities applicable to cryptocurrency exchanges like us. |
| 1:32.9 | They ignore the clear and unmistakable warnings of the Supreme Court just last week |
| 1:36.3 | against regulatory overreach and major questions reserved to Congress. And on and on it goes |
| 1:41.4 | ignoring these dispositive points. But apparently we agree on one thing. |
| 1:45.7 | Many of these issues can and should be decided promptly as matters of law. So that is what we're |
| 1:51.7 | going to focus on today, and let's dig into what all is going on here. So, as you've heard on |
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