Kraken seeks to dismiss SEC lawsuit citing retribution for regulatory critique

7 months ago

Kraken claimed the US Securities and Exchange Commission (SEC) charges against it stemmed from its advocacy for the bureau to run wrong regulatory boundaries.

In a Feb. 22 blog post, Kraken said the SEC initiated ineligible enactment against the steadfast aft its grounds earlier the House Financial Services Committee and the House Agriculture Committee successful May 2023.

During this session, Kraken emphasized the inadequacy of existent regulations successful addressing the complexities of the integer plus industry. The steadfast further highlighted concerns regarding the overreach of the SEC and advocated for a recalibration of its jurisdiction successful favour of different regulatory bodies. Kraken said the SEC revealed its volition to writer the level aft this testimony.

By November 2023, the SEC alleged Kraken operated unlawfully arsenic an unregistered securities exchange, broker-dealer, and clearing agency. The SEC further argued that Kraken’s deficiency of registration deprived investors of indispensable safeguards mandated by the Securities Exchange Act of 1934.

The speech firmly asserted that these charges look to beryllium a signifier of retribution for exercising its close to explicit governmental opinions. According to the firm:

“Crypto innovators successful the United States should not person to fearfulness retaliation for their governmental speech. They should beryllium escaped to earnestly advocator for amended instrumentality and much businesslike markets. They should beryllium escaped from intimidation by a politically compromised agency.”

Request for dismissal

Kraken has moved to disregard the SEC charges against it with prejudice, per a Feb. 22 tribunal filing.

Kraken said:

“The SEC’s Complaint did not assertion immoderate fraud oregon user harm whatsoever. It made lone a registration-based statement that Kraken operates arsenic an unlicensed securities exchange, broker, trader and clearing bureau due to the fact that crypto tokens are alleged ‘investment contracts.’  Even taking each of the SEC’s allegations successful the Complaint arsenic existent – and galore are not – its statement is flawed arsenic a substance of law.”

Kraken CEO Dave Ripley described the suit arsenic an intimidation maneuver by the SEC. He argued that the lawsuit does not pinpoint circumstantial securities. Instead, the ailment seeks tribunal validation that concern contracts tin beryllium without tangible agreements oregon ongoing obligations betwixt the issuer and buyer.

Ripley said this mentation could assistance the SEC excessive power implicit assorted forms of commerce, ranging from collectibles to commodities. He warns that if unchallenged, specified actions could undermine America’s presumption arsenic a planetary innovation powerhouse.

The station Kraken seeks to disregard SEC suit citing retribution for regulatory critique appeared archetypal connected CryptoSlate.

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