Crypto.com, a cryptocurrency exchange and service provider, has cited recent court rulings against the United States Securities and Exchange Commission (SEC) as potentially aiding its legal battle with the regulator.
On Oct. 8, Crypto.com’s co-founder and CEO Kris Marszalek announced that the exchange filed a lawsuit against the SEC in response to a Wells notice from the agency.
The company claims that the SEC’s action exemplifies “unauthorized and unjust regulation,” even as the next US presidential administration may take a “more constructive and effective approach” to cryptocurrency.
Legal rulings offer hope
The cryptocurrency industry has seen significant legal victories over the SEC in recent years, setting important precedents for companies like Crypto.com.
One such victory was made by crypto asset manager Grayscale Investments, which won a case against the SEC in August 2024. The legal win allowed Grayscale to convert its over-the-counter Grayscale Bitcoin Trust (GBTC) into a spot Bitcoin (BTC) exchange-traded fund (ETF), which started trading in January alongside a dozen other spot BTC ETFs.
Another crucial ruling came in July 2023 with a court deciding that XRP (XRP) is not a security when sold on digital asset exchanges, prompting XRP’s return to global exchanges after numerous delistings
Source: Blockchain Association
“US Courts have provided the crypto industry much-needed relief from the SEC’s enforcement by regulation overreach by confirming what we’ve known all along — that crypto is not itself a security,” Crypto.com’s chief legal officer Nick Lundgren told Cointelegraph on Oct. 17.
He added:
“These rulings against the SEC put us on strong legal footing to prevail in our suit. We trust the US Judicial Branch will ultimately provide the regulatory certainty the SEC has failed to deliver.”
Wells notice doesn’t halt US operations
By definition, the SEC’s Wells notice is a communication informing a company that the regulator has concluded that they should be charged with violating securities laws.
Crypto.com’s receipt of a Wells notice does not mean that the company should halt operations in the US.
“Wells notice is not a final determination that prevents a defendant from continuing its business,” Michael Gold, partner at Securities, Regulatory and Transactional group, told Cointelegraph.
He mentioned that the recipient has the opportunity to respond to the Wells notice with a Wells Submission containing its arguments about why the charges should not be brought against the target. Gold added:
“In essence, they are taking the position that what they are doing is lawful and they are going to continue to do it. If they win in court, no harm no foul.”
Crypto.com’s US presence
Headquartered in Singapore, Crypto.com officially rolled out exchange services in the US in March 2022, initially opening its platform exclusively to select institutional investors.
However, in June 2023, Crypto.com suspended its institutional platform in the US, citing limited demand. The move came shortly after the SEC sued US-based exchange Coinbase over the alleged offering of unregistered securities in the form of tokens like Cardano (ADA), Solana (SOL) and others.
While shutting down its institutional offering, Crypto.com allegedly continued offering retail services, according to social media commentary. Some users on reddit claimed that the platform remained “fully operational” in the US for retail users.
Related: SEC’s Ripple appeal doesn’t challenge XRP non-security status
It’s unclear which Crypto.com products and services are currently available to either retail or institutional clients in the US.
An excerpt from the list of Crypto.com-supported US jurisdictions. Source. Crypto.com
On its website, Crypto.com states that it is currently available in 49 US states, as well as US territories. The company maintains a local headquarters in Texas. The list of supported jurisdictions doesn’t include New York, as Crypto.com is working to receive the necessary approvals there:
“We’ll continue to evaluate the steps required to offer our services in New York (our goal) and will provide updates when and if the status in this restricted state changes,” the website reads.
Crypto.com surpassed Coinbase in trading volume in August, reportedly reaching $3.2 billion in daily trading. Crypto.com’s managing director, Giuseppe Giuliani, attributed the growth to stronger market conditions and acquisitions of new institutional clients.
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