2024

April

<p>John Deaton, who’s gunning for Elizabeth Warren’s Senate seat, just threw a big move in the legal tangle between Coinbase and the SEC. On April 26, he <a href="https://storage.courtlistener.com/recap/gov.uscourts.nysd.599908/gov.uscourts.nysd.599908.117.0.pdf" rel="noopener noreferrer nofollow" target="_blank">filed</a> an amicus brief in the <a href="https://www.cryptopolitan.com/a16z-crypto-startups-public-token-sales-us/" data-type="post" data-id="516557" rel="noopener noreferrer nofollow">U.S.</a> District Court for the Southern District of New York, making a strong play not for Coinbase directly, but for 4,701 of its users.<a href="https://x.com/JohnEDeaton1/status/1783892763093750074" rel="noopener noreferrer nofollow" target="_blank"> </a></p>
<p>His aim is to show that the SEC isn’t really batting for the crypto crowd and needs to back off from just throwing around the Howey case without giving proper guidance.</p>
<h2 class="wp-block-heading" id="a-closer-look">A Closer Look</h2>
<p>Deaton isn’t just another lawyer; this guy’s been vocal about how the SEC handles crypto companies. He mentioned past SEC cases like the one against Debt Box, where he feels the SEC was more about damaging the company than sticking to justice.</p>
<p>The court even slapped the SEC on the wrist for that one. And here’s the kicker—Deaton was advocating for Coinbase users way before he announced his Senate run. He first came into the picture in June 2023, right after the SEC went after Coinbase.</p>
<p>Deaton’s really sticking it to the SEC on social media too. He’s all over X, saying that it’s important for tech users to have a voice and not just be drowned out by a “biased and politically motivated agency.” But he’s clear—he’s not saying Coinbase should be the mouthpiece for crypto users either.</p>
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   <p lang="en" dir="ltr">Thank you <a href="https://twitter.com/EleanorTerrett?ref_src=twsrc%5Etfw" rel="noopener noreferrer nofollow" target="_blank">@EleanorTerrett</a>. Please tune in to <a href="https://twitter.com/LizClaman?ref_src=twsrc%5Etfw" rel="noopener noreferrer nofollow" target="_blank">@LizClaman</a>’s show, along with <a href="https://twitter.com/CGasparino?ref_src=twsrc%5Etfw" rel="noopener noreferrer nofollow" target="_blank">@CGasparino</a>, as we discuss the <a href="https://twitter.com/SECGov?ref_src=twsrc%5Etfw" rel="noopener noreferrer nofollow" target="_blank">@SECGov</a>’s continued government overreach and unrelenting regulation by enforcement. Very soon, I will be filing an Amicus Brief on behalf of thousands of Coinbase customers,… <a href="https://t.co/kzgvAOZJgA" rel="noopener noreferrer nofollow" target="_blank">https://t.co/kzgvAOZJgA</a></p>— John E Deaton (@JohnEDeaton1) <a href="https://twitter.com/JohnEDeaton1/status/1783892763093750074?ref_src=twsrc%5Etfw" rel="noopener noreferrer nofollow" target="_blank">April 26, 2024</a>
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<p>Then there’s Paul Grewal, Coinbase’s top legal guy, who’s pushing the court to think about whether the term “investment contract” needs some kind of follow-up after a sale to be considered a security under SEC rules. This is big because it could reshape how crypto is treated legally.</p>
<h2 class="wp-block-heading" id="deaton-s-senate-run-and-crypto-politics">Deaton’s Senate Run and Crypto Politics</h2>
<p>Deaton’s legal moves could stir up his Senate campaign, especially with the election just around the corner. He and Warren don’t see eye to eye on crypto—she’s even been pushing for tighter controls on how crypto is used, especially concerning some serious illegal stuff.</p>
<p>But the bigger picture is how muddled the crypto regulations are. SEC Commissioners Hester Peirce and Mark Uyeda have been slamming the current state under Gensler’s watch. They’re not holding back, calling the standards “opaque and arbitrary” and slamming the lack of clear rules which, in their view, does nothing but scare off innovators.</p>
<p>Even the court’s scratching its head over how companies are supposed to know they’re stepping over the line with securities laws. The current case with Coinbase doesn’t even involve the original issuers of the crypto assets, which adds another layer of confusion.</p>
<p>On top of that, there’s a heap of government folks from both parties who are just as puzzled and frustrated with the SEC’s zigzagging. Letters are flying from both sides of the aisle, demanding clearer rules and less contradictory actions from the SEC. They’re tired of the guesswork in figuring out how the Howey test applies to new tech like blockchain.</p>
<p>And let’s not forget, before Gensler took over the SEC, he was all about crypto clarity while lecturing at MIT. Fast forward, and now his team is suggesting that buying or selling crypto could be stepping into legal hot water without people even knowing it.</p>
<p>In hearings, even the judges are poking holes in the SEC’s broad claims. They’re worried the SEC’s aggressive stance could stifle the whole sector. The courts are pushing for better explanations, especially about secondary market sales, but the SEC keeps playing it vague.</p>
<p>In a nutshell, Deaton’s stepping up for Coinbase users is about pushing back against an SEC that seems to keep things complex on purpose. And with his Senate campaign heating up, this legal battle could turn into a full-blown political drama.</p>

John Deaton joins Coinbase in SEC appeal with amicus brief

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