Coinbase requests interlocutory appeal over SEC’s ‘controlling question’

Ciaran Lyons3 hours agoCoinbase requests interlocutory appeal over SEC’s ‘controlling question’Crypto exchange Coinbase argued that a question of law is controlling if its resolution could “significantly affect the conduct of the action.”955 Total views7 Total sharesListen to article 0:00NewsOwn this piece of crypto historyCollect this article as NFTJoin us on social networksCryptocurrency exchange Coinbase has requested a United States court to scrutinize a specific “controlling question” raised by the U.S. Securities and Exchange Commission (SEC) in its ongoing lawsuit against the exchange. 

“The question presented here is unencumbered by factual disputes and therefore ripe for immediate review,” Coinbase argued in an April 12 filing with the U.S. District Court for the Southern District of New York.

Coinbase chief legal officer Paul Grewal explained in an April 12 post on X that the “controlling question” revolves around whether an investment contract requires “something contractual."

“Whether an “investment contract” can exist absent any post-sale obligation is a pure, controlling question of law,” the exchange claims in the court filing.

Grewal elaborated that while Coinbase holds the view that an investment contract requires contractual obligations after the sale, the SEC argues that it doesn"t.Source: Paul Grewal

This comes after U.S. District Judge Katherine Failla denied Coinbase’s motion to dismiss the SEC’s case against the exchange, alleging that it operates as an unregistered exchange, broker and clearing agency.

However, if the court decides to approve the interlocutory appeal, it could potentially significantly influence the case, which has been ongoing since June 2023.

This is because the SEC asserted that Coinbase crypto transactions were investment contracts “despite an absence of any alleged contractual undertakings,” according to Coinbase.“Reversal on the question presented would dispose of the SEC’s principal claims, which account for the bulk of the complaint’s factual allegations.”

It further claims that a question of law is controlling if its resolution could “significantly affect the conduct of the action.”

Related:Coinbase cleared in lawsuit over crypto transactions

Grewal highlighted the early filing of Coinbase’s appeal request, submitted just 17 days after the motion to dismiss was denied.

However, he justified the action due to its significance for the wider crypto industry, with the aim of resolving the dispute over crypto transactions as soon as possible.“We’re asking to take this up on appeal earlier than normal because it"s critical to our industry. The SEC’s action against us and other digital asset companies goes way beyond the legal authority granted by Congress and puts an unjust cloud over US digital asset innovation.”

This comes after Coinbase achieved a major victory in a civil lawsuit against plaintiffs claiming that the exchange offered and sold them unregistered securities.

On April 6, Cointelegraph reported that the United States Court of Appeals for the Second Circuit ruled in favor of Coinbase, confirming that secondary sales of cryptocurrencies on its platform do not violate the Securities Exchange Act.

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