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.
Disney+ miss on new subscribers in Q3 and the growing momentum for moviegoers returning to brick-and-mortar theaters has brought the streaming business into question. Seth Schachner, managing director at Strat Americas, joined Cheddar to discuss the state of streaming and the growing number of options consumers have. "Streaming is for sure here to stay and I think more robust than ever," he said. "The real thing that's happening, not just to Hollywood but to lots of verticals from music to sports, is just that there's tons and tons of consumer choice."
Peter Weber, author and star of ABC's The Bachelor, joined Cheddar to talk about his new children's book, "The Adventures of Pilot Pete," scheduled for release on Nov. 23. Weber, a real commercial pilot, said that while fellow Bachelor Nation contestants tend to write books following their experience on the small screen, one of the reasons he opted to write a children's book instead was the prospect of the longevity it could provide.
Dr. Wendy Osefo, Entrepreneur, Professor & Cast Member of Bravo's 'Real Housewives of Potomac', joins 'Your Future Home' to discuss her popular new Onyi Home Essentials line and how ideas of family and legacy helped shape it.
David Girouard, CEO of Upstart, an artificial intelligence lending platform, joined Cheddar to discuss Q3 earnings, noting growth in revenue and profits as more banks, credit unions, and car dealerships use Upstart tech. He also reflected on how his fintech company is working to help people with low credit or no credit secure access to credit and loans.
With the shortage of shipping containers and truck drivers, the global supply chain is taking a beating just ahead of the holiday season. As retailers gear up to meet higher demand, DHL Express is adding capacity, both in infrastructure and aviation. Greg Hewitt, U.S. CEO at DHL Express, joined Cheddar's Opening Bell to provide some additional details on the ramped-up investments.
Electric vehicle startup Rivian is disrupting the auto industry following its record-breaking public debut on Wednesday taking it to a higher market value than legacy automakers Ford and General Motors. Thomas Speidel, CEO at fast battery-charging firm ADS-Tech Energy, joined Cheddar to talk about what the IPO means for the broader development of electric vehicles in the U.S. He also talked about the pressure Ford faces after its gas-powered F-150 had been the best-selling vehicle in the U.S. for nearly 45 years.
Moderna is defending its COVID-19 vaccine after a study found an increase in reports of myocarditis, which is an inflammation of the heart, in males ages 12 to 29 — about 13.3 cases in every 100,000 subjects. The pharmaceutical giant said the benefits of the vaccine outweigh the risk of the possible negative side effect.
