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.
Ariel Wolf, general counsel for the Self-Driving Coalition, an industry group promoting autonomous vehicles, joined Cheddar to discuss the ongoing supply chain woes partially attributed to a lack of truck drivers. "Autonomous vehicle technology has the ability to partner with that ecosystem and help alleviate this immediate problem we have and solve the problem going forward," Wolf said. As for safety, Wolf sees a future where self-driving trucks could potentially be safer than human drivers.
Rishi Bharwani, the director of partnerships and policy for nonprofit Accountable Tech, joined Cheddar to discuss the hot button topic of regulatory oversight of social media giant Facebook. Bharwani discussed the bipartisan pieces of legislation already making their way through Congress and said the body should pass stronger data privacy laws, ban surveillance advertising, and require meaningful accountability and transparency from the company. "Now I think we've reached a boiling point where congressional action is needed and inaction is no longer acceptable," he said. Bharwani also called for a concurrent investigation into Mark Zuckerberg's company.
The United Nations COP26 climate talks are scheduled for October 31 to November 12 in Glasgow, Scotland. Heads of state will be joined by private sector leaders to once again discuss the shrinking window of time left to take action against global temperature rise. Barbara Humpton, CEO of focused technology company Siemens U.S., is also attending and spoke to Cheddar about what she hopes to see during the conference for both the public and private spheres. "What we are really urging is that there are large commitments made in Glasgow and that we really commit to this next decade of action," she said.
Hertz, the car rental giant, has placed an order for 100,000 Tesla Model 3s and sent Tesla's value soaring, pushing it into the $1 trillion club during the trading day Monday. Dan Ives, managing director of equity research for Wedbush, told Cheddar's 'Closing Bell', "It shows [electric vehicles] going to the mainstream." The move gives Hertz a leg up by differentiating itself from competitors and shows Tesla's dominance in the marketplace, He noted. And as for that trillion-dollar valuation? Ives said he could see it rising even higher down the road.
Jonathan Friedland, co-founder of Locale, joins Cheddar News to talk about how the company enables customers to order from dozens of business even if they live hours away.
As we gear into the holiday season, several industries have expressed how the ongoing supply chain shortage continues to impact their business. According to one winery out in California, many wineries are having a difficult time moving their products all because of shipping and labor shortage issues. Senior Retail Reporter at the Insider Aine Cain, joined Cheddar to discuss more and how this issue may not be going away anytime soon.
The gaming industry is about to take center stage as the next dominant technology platform, according to a new report from the consulting firm Activate. The pandemic has accelerated gaming's popularity, with overall time spent gaming increasing by 29 percent. Michael J. Wolf, co-founder and CEO of Activate, joined Cheddar to discuss some of the key findings of the report and why he thinks video game platforms are the only ones that stand a chance of building the so-called metaverse.
Voyager, Nanoracks, and Lockheed Martin are all teaming up to develop the first-ever free-flying commercial space station with room for a crew of four astronauts. The private companies are joining forces as part of NASA’s greater mission to retire the International Space Station by the year 2030. The low-earth orbit space station will be called "Starlab," and is planned to achieve operational capability by 2027. Lisa Callahan, Vice President and General Manager of Commercial Civil Space at Lockheed Martin, and Matthew J. Kuta, President and Chief Operating Officer of Voyager Space, joined Cheddar’s Opening Bell.
