The ongoing verbal sparring between Kraken and the US Securities and Exchange Commission took a new turn as Kraken fired back at the SEC’s claims. Kraken’s latest filing, a reply to the SEC’s April letter regarding the dismissal motion, argues that the SEC’s case lacks precision in its language.
Kraken responded on Thursday to the SEC’s April letter regarding the company’s motion to dismiss the case, arguing that the agency did not adequately identify “any investment contracts that were (or could be) traded, brokered or settled on Kraken.”
According to Kraken, the SEC failed to pinpoint any specific investment contracts traded on their platform, instead using vague terms like “investment concept” and “ecosystem.” In response, the SEC defended its approach, citing legal precedent that suggests the Securities Act isn’t confined to obvious cases.
The SEC initially accused Kraken of operating without proper registration as a broker, dealer, exchange, and clearing agency back in November. Similar allegations were made against Binance Holdings and Coinbase Global.
Notably, Kraken had settled earlier charges brought by the SEC against its staking business in February 2023. This exchange underscores the complexity of regulatory battles in the crypto space, where legal nuances play a crucial role.
Kraken’s latest response to the SEC highlights a lack of clarity in the SEC’s allegations, questioning the specificity of the investment contracts involved. The SEC, however, defends its broader interpretation of the law. This ongoing dispute underscores the intricate legal landscape surrounding cryptocurrency regulation. How might these regulatory battles shape the future of crypto exchanges?
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