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.
Local Bounti rang the opening bell December 3 in honor of its recent trading debut on the NYSE after closing a $1.1 billion SPAC deal. The company operates an indoor growing facility in Montana and aims to transform the production and delivery of local, fresh and sustainably-grown leafy greens. Craig Hurlbert, co-founder and co-CEO of Local Bounti, joined Cheddar to discuss the company's goals as a newly publicly-traded company.
Markets rebounded Monday morning after Friday's deep sell-off that saw the Dow suffer its worse day since 2020. It comes as investors continue to react to the impact of the omicron variant on the broader reopening. Eddie Ghabour, Co-Owner at the Key Advisors Group joined Cheddar's Opening Bell to discuss.
Markets bounced back this morning with travel leading the gains after plunging on Monday as the first case of Omicron was detected in the U.S. Jimmy Lee, CEO, Wealth Consulting Group joined Cheddar's Opening Bell to discuss.
Stephan Winkelmann, president of Bugatti Automobiles and CEO of Lamborghini, stopped by Cheddar to talk about Lamborghini's 2021 success after the luxury automaker set a company sales record on more than 6,9000 vehicles delivered. With climate change top of mind for the auto industry, Winkelmann also talked about Lamborghini's commitment to hybridizing its entire fleet. Still, when it comes to supercars, the legacy brand isn't quite ready to give up gasoline power, and according to the CEO, three new combustion engine vehicles will be available in 2022.
The market saw investors react to comments by the World Health Organization's chief scientist, who suggested existing vaccines are likely to offer protection against the new variant. According to Thomas Hayes, chairman of Great Hill Capital, the next two weeks will be crucial as the markets watch for not only the effects of the Omicron variant, but also the Fed's decision on a taper.
Jason Moser, Senior Analyst at The Motley Fool, joined Wake Up With Cheddar to discuss the latest with Salesforce, as the company suffered its worst day on the market since the beginning of the pandemic.
The U.S. jobs report fell way short of economist projections after adding just 210,000 in November compared to the expected 550,000. William M. Rodgers III, the VP and director of the Institute for Economic Equity at the Federal Reserve Bank of St. Louis, joined Cheddar to break down the jobs report and explained that while added payrolls didn't meet expectations, the economy is still progressing as the unemployment rate also fell 4.2 percent. "One month doesn't make a trend," Rodgers added. He did note that from an equity standpoint inflation is a cause for concern for middle and low-income families, as holiday season price hikes are expected to hit them hard.
