Legal Experts Favor Coinbase’s Chances in SEC Battle, Predict Victory in Dismissal Motion
Coinbase appears to be in a favorable position to emerge victorious in its legal dispute with federal regulators, according to legal experts who have followed the recent court proceedings.
Bloomberg’s Senior Litigation Analyst, Elliot Z. Stein, expressed optimism after analyzing Coinbase’s oral arguments during a hearing this week, assigning a 70% likelihood that the cryptocurrency exchange will successfully secure a dismissal of all claims brought against it by the U.S. Securities and Exchange Commission (SEC).
In a tweet on Friday, Stein conveyed his belief that Coinbase is likely to win the motion, which was filed in June. The motion asserted that the tokens mentioned in the SEC’s lawsuit do not meet the criteria of an investment contract and, therefore, should not be classified as securities. Additionally, Coinbase argued that it should not be labeled an unregistered securities exchange.
Stein underscored the significance of Judge Katherine Polk Failla‘s request for the SEC to provide a definition of “investment contract” that avoids encompassing harmless collectibles like Beanie Babies. He found Coinbase’s definition more compelling, emphasizing the need for crypto investors to acquire a stake in a “business” rather than simply participating in an ecosystem. According to this interpretation, both cryptocurrency sales on Coinbase’s platform and its staking-as-a-service business would be outside the SEC’s regulatory scope.
Even if the case were to proceed, Stein speculated that it might reach the Supreme Court, predicting a potential narrowing of the Howey Test, a legal standard from the 1940s used to identify investment contracts. The Howey Test requires an asset to meet four criteria to be considered an investment contract, and its application has been a subject of contention in this case.
University of Kentucky law professor Brian L. Frye told Decrypt that the district court is likely to favor Coinbase’s position but cautioned that articulating the reasons may be challenging. He anticipated an appeal from the SEC, potentially escalating the case to the circuit court.
However, Joe Carlasare, a partner at the Amundsen Davis law firm, was less optimistic about Coinbase’s chances for an outright dismissal of all claims, estimating it to be less than 30% likely. He acknowledged the persuasiveness of Coinbase’s arguments but pointed out the substantial burden of proving that all SEC claims are legally insufficient in a motion to dismiss scenario.
Despite the legal complexities, Coinbase’s potential success would follow the SEC’s losses in two significant crypto-related cases last year, involving Ripple Labs and Grayscale, the latter of which contributed to the recent approval of spot Bitcoin ETFs in the United States.
