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A Utah federal judge declined an appeal to dismiss a US Securities and Exchange Commission (SEC) lawsuit against a promoter of an allegedly fraudulent crypto mining firm that carried out an $18 million scheme.
Judge Ann Marie McIff Allen on Nov. 26 denied Kristoffer Krohn’s request for an <a data-ct-non-breakable="null" href="https://cointelegraph.com/news/us-judge-denies-motion-dismiss-green-united" rel="null" target="null" text="null" title="null">appeal against her Sept. 23 judgment</a> to allow the SEC’s lawsuit against Green United LLC, saying Krohn failed to <a data-ct-non-breakable="null" href="https://cointelegraph.com/news/green-united-promotor-wants-appeal-sec-crypto-mining-fraud-suit" rel="null" target="null" text="null" title="null">provide grounds for the appeal</a>.&nbsp;
“The Court declines to certify this case for interlocutory appeal because Mr. Krohn has not shown any substantial ground for difference of opinion as to the controlling law governing any matter the Court addressed in its Sept. 23 Order,” the judge wrote.
In his argument to dismiss the suit, Krohn said the SEC had not established that the Green Boxes offered by Green United were <a data-ct-non-breakable="null" href="https://cointelegraph.com/news/what-are-the-howey-test-and-its-implications-for-cryptocurrency" rel="null" target="null" text="null" title="null">investment contracts</a>, as the regulator claimed in its complaint.
<figure>
 <img alt="SEC" src="https://s3.cointelegraph.com/uploads/2024-11/01936c3a-a5ad-736b-a9be-6bb80410dc44" title="">
 <figcaption style="text-align: center;">
 An excerpt from Judge Allen’s order denying Kristoffer Krohn’s request for interlocutory appeal. Source: PACER
 </figcaption>
</figure>
He also claimed the SEC had confused elements of the securities-defining Howey test.
Related: <a data-ct-non-breakable="null" href="https://cointelegraph.com/news/sec-no-crypto-authority-green-united-mining-scheme" rel="null" target="null" text="null" title="null">SEC has no authority over crypto, defendants argue in $18M fraud lawsuit</a>
Allen said Krohn was mistaken in his arguments claiming she cherry-picked terms from two separate definitions and offered no “legal support to show any court has adopted the definition,” as he described it.
In 2023, the SEC <a data-ct-non-breakable="null" href="https://cointelegraph.com/news/sec-accuses-utah-firm-of-fraudulent-18m-crypto-mining-scheme" rel="null" target="null" text="null" title="null">accused Green United executives</a> of operating a fraudulent <a data-ct-non-breakable="null" href="https://cointelegraph.com/learn/articles/what-are-the-different-ways-to-mine-cryptocurrency" rel="null" target="null" text="null" title="null">crypto mining scheme</a> that raked in $18 million from investors between April 2018 and December 2022 by selling investments in “Green Boxes” and “Green nodes” that the regulator said actually mined Bitcoin.
According to the SEC complaint, investors were allegedly told the firm was developing a Green Blockchain and the GREEN token would increase in value based on its efforts with large returns. 
The SEC claims that the Green Blockchain didn’t exist, and the Green token was created after the first hardware sales to investors and was periodically distributed to give the appearance that the operation was a success. 
Green United founder Wright Thurston has also made a separate bid to dismiss the suit.
Magazine: <a data-ct-non-breakable="null" href="https://cointelegraph.com/magazine/based-rollups-make-ethereum-feel-ethereum-again/" rel="null" target="null" text="null" title="null">Make Ethereum feel like Ethereum again: Based rollups explained</a>

Judge denies appeal from promotor accused in $18M crypto fraud case

Cointelegraph

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