Coinbase Faces High Probability of Full Dismissal in SEC Case, Says Litigation Analyst

Coinbase Faces High Probability of Full Dismissal in SEC Case, Says Litigation Analyst


Bloomberg Analyst Predicts Favorable Outcome for Coinbase in SEC Lawsuit

A senior litigation analyst at Bloomberg, Elliott Stein, believes that Coinbase has a high chance of securing a full dismissal in its legal battle against the US Securities and Exchange Commission (SEC). Stein expressed his analysis and confidence in a recent Twitter post. Initially, he anticipated that Coinbase might object to certain SEC claims but face challenges regarding its staking rewards program and operational structure. However, after attending the five-hour hearing, Stein changed his outlook and now believes Coinbase will win full dismissal of the lawsuit. He also referenced the SEC vs. Ripple case to support Coinbase’s arguments.

SEC Accusations Against Coinbase

The SEC has accused Coinbase of offering investment contracts and operating as an unregistered broker. It alleges that Coinbase staked customer assets and received staking rewards, which it paid back to customers. Coinbase has denied these claims and focused its defense on the difficulties it faced in registering with the SEC for a license.

Coinbase Provides Precise Definition of ‘Investment Contract’

During the hearing, Coinbase provided a more precise definition of an “investment contract” than the SEC. This definition emphasized the requirement for an investment in a business with an “enforceable obligation.” Stein highlighted the Ripple case as precedent, where XRP was ruled “not in and of itself” a security. He noted that digital asset sales on public exchanges don’t fit neatly into the Howey test for determining an investment contract. Even if the case proceeds, it may reach the Supreme Court, but Coinbase has strong arguments against the SEC’s allegations.

Hot Take: Positive Outlook for Coinbase

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Bloomberg senior litigation analyst Elliott Stein predicts a favorable outcome for Coinbase in its legal battle against the SEC. After attending the hearing, Stein expressed a 70% confidence in Coinbase securing a full dismissal of the lawsuit. He highlighted Coinbase’s precise definition of an “investment contract” and referenced the SEC vs. Ripple case as supporting precedent. Despite potential challenges and a possible Supreme Court involvement, Stein believes Coinbase has strong arguments against the SEC’s allegations. This positive outlook suggests that Coinbase may successfully navigate the legal battle and emerge with a favorable outcome.

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