The United States Securities and Exchange Commission (SEC) has once again pushed back against Coinbase’s request for documents, including private emails from SEC Chair Gary Gensler.
On August 5, the SEC filed a motion to deny Coinbase’s effort to access certain documents, arguing that the discovery requests are overly broad and disproportionate to the needs of the case. The SEC claims to have already produced over 240K documents and is currently searching another 117K for responsive material.
The agency stated that the additional sweeping discovery, including all SEC internal and external emails about the application of securities laws to digital assets, is not relevant to the Howey analysis. Producing three million additional documents, the SEC argued, would be disproportionate to the case's requirements.
On August 6, Coinbase’s Chief Legal Officer, Paul Grewal, stated on X (formerly Twitter) that the requested documents are crucial to demonstrate the SEC’s inconsistent views on digital assets.
Source: X
In July, Coinbase filed a motion seeking Gary Gensler’s private communications from his tenure starting in 2021. Grewal emphasized the need for greater transparency from the SEC.
However, the SEC insists it has fulfilled its discovery obligations and argues that the motion should be denied. The SEC sued Coinbase in June 2023, alleging the company violated federal securities laws by operating as an unregistered securities broker since 2019.
Coinbase faces allegations of breaching election campaign finance laws, with Public Citizen and Molly White filing a complaint claiming a $25M donation to Fairshake Super PAC violated laws. Paul Grewal, denied any breach, stating that their dealings with the US Marshall Service do not involve Congressional-appropriated funds.
He emphasized Coinbase's commitment to federal law enforcement and noted their $500,000 donations to Super PACs for both parties. The complaint comes amid increased crypto firm participation in the upcoming US elections, driven by regulatory challenges and a push for pro-industry candidates.
Coinbase is currently navigating significant legal and regulatory challenges, including disputes with the SEC over document requests and allegations of breaching election campaign finance laws. The outcomes of these issues could have substantial implications for the crypto exchange and the broader digital asset industry.
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