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.
Space travel is growing rapidly, and one billionaire businessman has purchased three SpaceX flights in order to push the industry forward. The Polaris Dawn, the first of three flights, will launch later this year, and its crew will conduct the first commercial spacewalk after they've reached the highest orbit in over 50 years. Jared Isaacman, Polaris Program Mission Commander and Founder & CEO of Shift4, joins Closing Bell to discuss the Polaris program's mission, when the first launch will happen and what it will entail, balancing his business with space exploration efforts, charitable efforts with St. Jude Children's Research Hospital, and more.
Following Russia's incursion into Ukraine, the U.S. is warning businesses and major banks to brace themselves for cyberattacks. Lester Munson, a senior fellow at the National Security Institute, joined Cheddar News to break down what this means for financial institutions “So we need to be concerned about not just intentional Russian hacks against American entities but also what Russia is doing in Ukraine. Those things can impact us as well," he said
Booking Holdings reported a successful Q4 earnings despite being directly impacted by the pandemic. As travel ramps back up for summer 2022, the company is hoping to fully recover from pandemic losses. CEO Glenn Fogel joined Cheddar News to discuss the report and the company's excitement for this travel season. "We're actually looking ahead of where we were in 2019 at the same time for the summer bookings, which shows how much demand there really is for travel right now," he said.
After weeks of talks and posturing in hopes of staving off an attack, Russia invaded Ukraine on Thursday, an incident that has already impacted the global economy, including the U.S.. Jason McMann, head of geopolitical risk analysis for Morning Consult, joined Cheddar’s Closing Bell to break down what investors might do to prepare themselves as the crisis continues. "I think there are a few things that we have our eye on over at Morning Consult that could cause the situation to become a bit more severe or unstable as far as market outcomes would be concerned," McMann said. "One of those things would be if the U.S. and the EU kind of moved in concerted fashion to block Russia from the SWIFT transaction system. So, I would say that's one thing that would be worth keeping an eye on."
