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.
Earnings season continues in the week of December 6 - 10, and that's only the start of a slate of events on the calendar that may move markets. We will also see executives from the crypto world and Instagram Head Adam Mosseri testify before members of Congress, and Square's name change to Block officially goes into effect.
Joe Gagliese, Co-Founder and CEO of Viral Nation, joins Cheddar News' Closing Bell, where he discusses how influencer marketing is coming to cryptocurrencies and NFTs and outlines what we could expect to see on that front in 2022.
Stocks closed lower Friday after a volatile week that saw investor skittishness over the COVID-19 omicron variant. Investors were also eyeing the mixed November jobs report, which showed a lower than expected number of 210,000 jobs added, but unemployment falling to 4.2%. Aadil Zaman, Partner at Wall Street Alliance Group, joins Cheddar News' Closing Bell to discuss today's close, the mixed jobs report, what impact the omicron variant could have on markets, and more.
Many restaurants across the country have lately turned off delivery and online orders during peak hours, as eateries are still struggling with labor shortages and as many are also seeing more customers return for in-person dining. Wall Street Journal reporter Heather Haddon joins Cheddar News' Closing Bell to discuss.
November's jobs report is tricky: nonfarm payrolls only increased by 210,000, following an October gain of 546,000. At the same time, the unemployment rate fell to 4.2% - and the labor force participation rate rose 61.8% to its highest level since March 2020. Also of note: the retail sector saw a decline of 20,000 jobs despite what was once a traditional late fall push to hire before the holiday sales rush. What's going on in the labor market, and can we expect more volatile numbers as the omicron variant spreads during the winter months? Adam Ozimek, Chief economist at Upwork, joins Cheddar News' Closing Bell to discuss the mixed jobs report, sector winners and losers, retail's flip-flop, and more.
Chinese regulators are reportedly behind China-based ride-hailing company DiDi exiting from the New York Stock Exchange, just days after listing earlier this year. The regulators stated prior that DiDi had not received the necessary clearances to list in the states. Gordon Chang, Asian affairs expert, joined Cheddar to break down what the delisting says about the relationship between nations. "This really strikes me as an attempt to really to force a decoupling of China and the U.S. in the financial markets," Chang said.
Hologram communication platform maker PORTL is looking to take communication to the next level. Founder and CEO David Nussbaum joined Cheddar to talk about the company's recent $12 million Series A funding round that will be used to bring the concept of holoportation to market. Nussbaum noted his hologram technology is just not comparable to augmented reality or virtual metaverses because the image projection is happening in real-time and in actual reality. "Well, unlike VR or AR, we're 'R.' We're real. You don't need a headset. You don't need wearables. You don't need to download anything. It's incredible," he said.
Wikipedia founder Jimmy Wales stopped by Cheddar's "Between Bells" to talk about his Birth of Wikipedia auction at Christie's putting two items linked to the origins of Wikipedia up for sale. On the auction block are his original strawberry iMac that was used to create the long-running online encyclopedia and what Wales described as an interactive NFT of his first Wikipedia edit rather than a static image. "Once it's been sold, the owner can turn it on, and anyone can edit the page and it will be reflected in the NFT," he said.
On this episode of Your Future Home, Carmine Satabella, Interior Designer & Television Host, joins to break down how to get the most out of your winter decor this year and basic kitchen fundamentals that go a long way; Max Child, CEO and co-founder of Volley, discusses the rise of voice games and how tech is continuing to change smart homes; Cheddar breaks down everything you need to know about how to start flipping homes.
