On August 3rd, during the second quarter 2023 earnings call of Coinbase, Grewal asserted that victory against the regulatory body is more than possible. He stated, “ With respect to the litigation with the SEC, we have faith we can win. We are determined to win.”
Lawsuit Background and Coinbase's Defense
The SEC filed the lawsuit on June 6, accusing Coinbase of selling unregistered securities and operating as an unregistered securities exchange. Coinbase is poised to argue that they did not list any such securities on their platform.
Additionally, Coinbase's defense strategy revolves around the lack of regulatory authority of the SEC over crypto exchanges. They will also emphasize that they were never required to register when the registration statement was approved in April 2021.
Paul Grewal predicts that the detailed arguments will be assessed by the court at October's end. He remarked, “Our objective is to achieve regulatory clarity across all our dealings with the SEC and U.S. government.”
6/13/23, Ltr to the 3d Circuit: "The Commission has not yet decided what action to take on that petition."— paulgrewal.eth (@iampaulgrewal) August 3, 2023
Today: “We can get to crypto later.”
Is there any serious question that a decision was made to deny sensible rules but deliberately withheld from the public?…
With contradictory statements regarding the legal status of digital assets, the necessity for clarity in crypto regulation grows daily. Grewal pointed to the differing opinions of SEC Chair Gary Gensler and Commodity Futures Trading Commission Chair Rostin Behnam on Ether (ETH) classification as evidence of this confusion.
The legal environment, influenced by laws formed well before the internet era, has seen Coinbase stand unwavering in its goal for clear regulation. Whether or not a specific motion or court case is successful, Coinbase's ultimate triumph rests in gaining the desired clarity in regulating cryptocurrencies.