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.
Facebook reported a beat on its Q3 earnings on Monday, despite a miss on revenue. This comes as the social media giant has found itself entrenched in negative headlines of late. Timothy Lesko, Partner and Portfolio Manager at Granite Investment Advisors, joined Cheddar to break down the latest.
Facebook has been in the midst of a media firestorm thanks to the Wall Street Journal scathing report and Frances Haugen's whistleblowing among other news. With the social media giant set to release its Q3 earnings after the bell, Cheddar News caught up with John Quelch, Dean of Miami Herbery Business School to discuss what to expect.
Jill and Carlo cover the news out of Facebook's latest earnings, Tesla's monumental day, Dave Chappelle addresses controversy and the tragedy of the climate emergency.
Stocks began the week on a high note, with two indexes - the Dow and the S&P 500 - each closing at a record high. Brian Levitt, Global Market Strategist at Invesco, joins Cheddar News' Closing Bell, where he explains why the conditions were in place for a jump during the session and provides insight on inflation concerns in the United States.
The price of Bitcoin hit a new all-time high last week following the Wall Street debut of ProShares Bitcoin Strategy ETF. Todd Cipperman, Founding Principal for Cipperman Compliance Services, joins Cheddar News' Closing Bell, where he explains why ProShares' ETF got off to a hot start while Valkyrie's Bitcoin Strategy ETF, which debuted just days later, did not.
Edtech startup ENTITY Academy raised $100 million in its latest round of funding. The company's platform offers tech training to women via online courses, in areas like data science and software development. The courses include mentoring and career coaching from people working in the tech industry. ENTITY Academy's founder and CEO Jennifer Schwab joined Cheddar News' Closing Bell to talk more about the company and the funding.
On Monday Microsoft reported that the same Russia-backed hackers behind the 2020 SolarWinds attack have been assailing the global technology supply chain and cloud services. The former White House CIO under President George W. Bush and CEO of the security consulting company Fortalice Solutions, Theresa Payton, joined Cheddar to discuss why cyberattackers are relentlessly focused on infiltrating tech companies and what the future holds in terms of combating them. "This will be an ever-present danger and a journey," she said. "Locking down your systems is not going to be something you do once, and then you set it and forget it. It's going to be an ongoing journey that we're all going to be on together."