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Move would end years-long legal battle
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SEC under Trump has quickly overhauled approach to crypto
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Federal judge has paused SEC lawsuit against Binance
(Adds paragraphs 5-7, 14-15, 18-21)
By Hannah Lang and Chris Prentice
Feb 21 (Reuters) - Coinbase said on Friday the
U.S. securities regulator planned to withdraw its lawsuit
against the crypto exchange, ending a contentious years-long
legal battle once considered existential for the trading
platform and the broader sector.
The Securities and Exchange Commission has moved quickly to
overhaul its approach to policing the crypto sector under
Republican leadership since President Donald Trump took office.
The agency has established a dedicated task force and rescinded
key crypto-related accounting guidance.
The SEC, which declined to comment, has been expected to
review pending court cases and walk back its litigation even
before overhauling its regulations, Reuters previously reported.
Still, the decision to recommend dismissing its lawsuit against
Coinbase, one of a number of lawsuits brought under the SEC's
prior chair, would be the most dramatic move yet under the
acting Republican leadership.
"The war against crypto, at least as it applies to Coinbase,
is over," Coinbase Chief Legal Officer Paul Grewal said in an
interview.
Shares in Coinbase opened up more than 3.5% as investors
cheered the news.
Republican officials at the SEC have immediately begun to
overhaul the agency's crypto policies, even before the arrival
of Paul Atkins, Trump's crypto-friendly pick for SEC chair.
Revisiting cases against crypto firms - especially those
which violated the SEC's rules but were not alleged to have
defrauded investors - has been broadly anticipated, though many
legal experts told Reuters they expected the SEC to seek
settlements and any mass effort to dismiss all pending matters
would be seen as unprecedented.
The SEC sued both Coinbase, the largest U.S. crypto
exchange, and rival trading platforms Binance in 2023. A court
has separately paused the agency's lawsuit against the other
firm after a request from the SEC and Binance, citing
implications of the new task force.
The agency also sued crypto exchange Kraken in 2023.
The SEC alleged Coinbase flouted its rules and facilitated
trading in at least 13 crypto tokens that it said should have
been registered as securities.
The lawsuit also targeted Coinbase's "staking" program, in
which it pools assets to verify activity on blockchain networks
and takes commissions, in exchange for "rewards" to customers.
The SEC said that program should have been registered with the
agency.
Coinbase has argued that crypto assets, unlike stocks and
bonds, do not meet the definition of an investment contract, a
position held by the vast majority of the crypto industry. As
outlined in a U.S. Supreme Court case, a key test for whether an
investment product is a security is whether people are investing
in a common enterprise with the expectation of profit.
Better Markets, which advocates for stricter government
oversight of the financial sector, said the SEC dropping its
lawsuit against Coinbase would be "a historic mistake."
"The SEC used to enforce the law without fear or favor
but is now favoring the crypto industry and fearing billionaire
crypto kingpins who are publicly belittling the agency," said
Dennis Kelleher, president and CEO of the group, in a statement.
'ARM IN ARM'
Gary Gensler, the former Democratic agency chair, had made
fighting misconduct in a sector he termed the "wild west" a
priority for the SEC, targeting not only fraudsters but also the
large firms that facilitate trading such as Coinbase. The
regulator boosted the size of the crypto enforcement unit as
part of that effort.
The SEC has now scaled back that crypto enforcement
effort, reassigning lawyers and earlier this week renaming the
unit to focus on "cyber and emerging technologies".
Acting SEC Chair Mark Uyeda and fellow Republican
Commissioner Hester Peirce have taken issue with Gensler's
approach to litigation, arguing instead for new crypto-specific
rules.
"We have a very positive, productive relationship with this
new SEC and are working (in) lock step with them, arm in arm, to
get this addressed," Grewal said.
Peirce, dubbed "crypto mom" by many in the sector, is
leading the agency's new efforts to overhaul its policy. The new
task force has held at least 8 meetings to discuss changes,
according to public logs available on the SEC's website.
In his first week in office, Trump ordered the creation of a
cryptocurrency working group tasked with proposing new digital
asset regulations and exploring the creation of a national
cryptocurrency stockpile, making good on his promise to quickly
overhaul U.S. crypto policy.
Trump on the campaign trail pledged to be a "crypto
president" and courted cash from the industry by promising to
promote the adoption of digital assets.
In an executive order, Trump also ordered that banking
services for crypto companies be protected, alluding to industry
claims that U.S. regulators have directed lenders to cut crypto
companies off from banking services --
something regulators deny
.