The Ongoing Legal Battle Between Kraken and the SEC
The legal battle between Kraken, a major crypto exchange, and the Securities and Exchange Commission (SEC) does not seem to be ending anytime soon. The crypto exchange has demanded a jury trial in the case filed against it by the SEC. Last month, a California judge allowed the SEC’s lawsuit against Kraken to proceed. Just like Kraken, other crypto exchanges such as Binance and Coinbase have also faced similar allegations of violating federal securities laws and received similar verdicts. Let’s dive deeper into the latest developments in this case.
Allegations on Kraken
The SEC first sued Kraken in November of last year. The lawsuit, filed in the Northern District of California, accused the crypto exchange of violating federal securities laws. The SEC aims to permanently stop the exchange from breaking these laws and demands the return of its “ill-gotten gains” along with other civil penalties. Additionally, the SEC identified 11 tokens, including ADA, SOL, and MATIC, as unregistered securities.
Kraken’s Defense
Kraken has denied all accusations made by the SEC in its latest court filing. The exchange responded to every allegation and presented 18 defenses. Kraken’s main argument revolves around its interpretation of U.S. securities laws. According to the exchange, the Securities Act and the Exchange Act do not mention digital assets. Kraken further stated that it never registered with the SEC because it wasn’t legally required to do so.
Legal Standpoint
Kraken argued that the SEC does not have the power to regulate it. The firm claimed that the SEC should not regulate digital assets as they are not “investment contracts.” Kraken admitted to listing more than 220 crypto assets globally and providing services such as margin trading and an over-the-counter trading desk. The exchange asserts that these features do not classify it as a securities exchange or broker.
Claims Against the SEC
Kraken has also accused the SEC of acting unfairly, stating it took action against the crypto exchange without proper notice or process. The exchange suggested that the SEC’s lawsuit violated its First Amendment rights. This case will now proceed to trial, with Kraken insisting on defending its platform and business model. The outcome could have significant implications for the future of crypto regulation in the U.S.
