The mobile phone icon for the Coinbase app is shown in this photo, in New York, Tuesday, April 13, 2021. The Securities and Exchange Commission is charging Coinbase with operating its crypto asset trading platform as an unregistered national securities exchange, broker, and clearing agency. (AP Photo/Richard Drew, File)
By Michelle Chapman
Coinbase has been targeted by U.S. regulators in a new lawsuit Tuesday that alleges the cryptocurrency platform is operating as an unregistered securities platform and brokerage service.
The lawsuit from the Securities and Exchange Commission comes only a day after it filed charges against Binance, the world's largest crypto exchange, and its founder Changpeng Zhao are accused of misusing investor funds, operating as an unregistered exchange and violating a slew of U.S. securities laws.
Coinbase shares plunged nearly 15% early Tuesday.
In its complaint, the SEC said Coinbase made billions acting as the middle man for cryptocurrency buyers and sellers but did not give investors lawful protections while acting as a broker.
“Coinbase has for years defied the regulatory structures and evaded the disclosure requirements that Congress and the SEC have constructed for the protection of the national securities markets and investors,” the SEC said in its complaint, which was filed in U.S. District Court for the Southern District of New York. It seeks injunctive relief, disgorgement of ill-gotten gains plus interest, penalties, and other equitable relief.
Coinbase said the SEC has not been transparent in how it regulates cryptocurrencies.
“The SEC’s reliance on an enforcement-only approach in the absence of clear rules for the digital asset industry is hurting America’s economic competitiveness and companies like Coinbase that have a demonstrated commitment to compliance," said Paul Grewal, chief legal officer and general counsel for Coinbase, said in a written statement. The solution is legislation that allows fair rules for the road to be developed transparently and applied equally, not litigation. In the meantime, we’ll continue to operate our business as usual.”
The SEC had warned Coinbase in March that it could face securities charges and had long signaled that Coinbase had been flouting securities laws with its position that cryptocurrencies were not securities and therefore did not need to register as a broker.
“You simply can’t ignore the rules because you don’t like them or because you’d prefer different ones: the consequences for the investing public are far too great,” said Gurbir S. Grewal, director of the SEC’s Division of Enforcement, in a prepared statement.
Is Spotify a platform for content creators, or is it a media company? The streaming giant may have to find an answer sooner rather than later amid a controversy involving its most popular podcast host, Joe Rogan. Rogan has hosted guests who have made false claims about COVID-19 vaccines, and in turn, some musicians like Neil Young and Joni Mitchell have removed their discographies from Spotify in protest. Rogan says he welcomes content advisories, and will balance out his guests going forward, but is it enough? And is Spotify liable in any way? John Freeman, Vice President of CFRA Research, joins Closing Bell to discuss Rogan's response to the controversy, whether Spotify should be considered a media company with responsibility for its content, and more.
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Pax Labs, a leading electronic vaporizer company, plans to release its very first cannabis pod venture, of which different strands of cannabis will be available. COO Steven Jung spoke with Cheddar’s Chloe Aiello to talk about the release of the companies own line of 100 percent cannabis pods for use with its vaporizers. "I think this is the direction that most products are going," Jung noted. "If you look at the data, it would actually show you that most consumers are in fact looking for this kind of delivery mechanism in the product itself."
The gaming industry has seen multiple large scales deals this month alone, including Microsoft's megadeal for Activision Blizzard. And, seemingly in response, rival Sony, picked up Bungie for $3.6 billion, a studio once owned by both Microsoft and Activision. The sector is reportedly on track to spend $150 billion on mergers and acquisitions just this year alone, a record-breaking total, according to investment firm Drake Star Partners. Michael Metzger, a partner at the firm specializing in technology, media, and communications, joined Cheddar to discuss the flurry of deals in the gaming space and what might be behind the hot M&A activity.
Ari Redbord, head of legal and government affairs and TRM Labs, joins Cheddar News to discuss why Facebook is ditching its crypto project and what that means for the space.
Natalie Fertig, federal cannabis policy reporter at Politico Pro, joins Cheddar News to discuss a new YouGov poll that looks at how Americans feel about marijuana and politics.
After classic rocker Neil Young demanded removal of his music from Spotify over vaccine misinformation coming from The Joe Rogan Experience podcast, the platform made the decision to take down Young's songs and continue supporting Rogan with whom they have an exclusive contract. The move touched off a firestorm of controversy, leading to responses from both the streaming service and the podcasting host. Evan Nierman, CEO of Red Banyan Crisis PR, joined Cheddar to break down the latest on the fracas. "I think when [Spotify] initially said, we're not going to be commenting on that, that was a silly move because guess what? They did end up commenting about it, and nine times out of 10, when an organization says they're not going to be issuing a comment, they ultimately do," Nierman noted.
