As a seasoned researcher with years of experience navigating the complex landscape of financial regulations and digital assets, I find myself intrigued by the latest developments between Crypto.com and the SEC. It seems that the SEC is employing an aggressive enforcement strategy, which has been a recurring theme in the crypto industry over the past year. The fact that even established players like Robinhood have found themselves under scrutiny suggests a broader trend.
On Tuesday, cryptocurrency exchange Crypto.com was the newest entity to face scrutiny from the U.S. Securities and Exchange Commission (SEC). Over the past year, the SEC has been taking a more enforcement-focused regulatory approach. This recent action is an extension of their previous examination of trading platforms, such as Robinhood, which occurred just a few months ago.
Crypto.com Accuses SEC Of Overreach
In response to receiving a Wells Notice from the SEC, Crypto.com has filed a lawsuit against the regulatory body, aiming to safeguard the future of the cryptocurrency industry in the United States. In its statement, Crypto.com emphasized the necessity of the legal action, stating:
In this action, we aim to safeguard the American crypto sector’s long-term prospects. This aligns with other industry leaders who are proactively resisting an overreaching federal body that exceeds its legal authority.
The exchange argues that the SEC is overstepping its jurisdiction and has unilaterally expanded its authority to classify nearly all cryptocurrency transactions as securities, except for those involving Bitcoin (BTC) and Ethereum (ETH).
In my analysis, I find this differentiation questionable due to its apparent absence of robust legal foundation and disregard for necessary regulatory protocols, such as the notice-and-comment rule stipulated under the Administrative Procedure Act.
Crypto.com argues that the Securities and Exchange Commission (SEC) is acting in an inconsistent and unpredictable manner, considering that numerous cryptocurrencies possess traits and transactional processes akin to Bitcoin (BTC) and Ethereum (ETH). The exchange intends to put a stop to what it deems as illegal activities by the SEC, which allegedly surpass their legal authority and contravene federal law.
Push For CFTC Oversight Of Crypto Derivatives
Besides the ongoing lawsuit, Crypto.com Derivatives North America (CDNA) has also submitted a request to both the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC).
This petition aims to clarify the regulatory framework governing certain cryptocurrency derivative products, advocating for a joint interpretation that would designate these products as solely under the jurisdiction of the CFTC.
The agencies involved have 120 days to respond, either by issuing a jointly approved interpretation or by providing written reasons for any denial.
Currently, as I write, Cronos (CRO), the native token of the Crypto.com platform, is being traded at approximately $0.075. In just the past hour, its value has decreased by 5%.
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2024-10-08 17:11