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Coinbase Initiates Legal Action for SEC Communications Disclosure

Jul 27, 2024

Coinbase Inc. has initiated formal legal action by petitioning a New York court to mandate the U.S. Securities and Exchange Commission (SEC) to unveil internal communications involving SEC Chair Gary Gensler during his tenure that commenced in 2021. Filed at the U.S. Southern District Court of New York, this petition specifically targets the procurement of documents connected to Gensler's private emails and internal dialogues within the SEC.

Additionally, the petition requests information regarding dialogues between SEC personnel and other market participants, alongside documents pertaining to Coinbase's public offering in 2021. This pursuit is part of Coinbase's expansive legal confrontation with the SEC.

The company posits that these materials hold the potential to showcase that the SEC did not initially perceive Coinbase's operations as contravening securities statutes and could potentially corroborate that Coinbase was not adequately forewarned about possible infractions.

Initially, Coinbase aimed to access Gensler's private communications predating his assumption of duties at the SEC. However, confronted with opposition from a federal judge, the company has refined its request to solely focus on communications from Gensler's tenure as Chair.

This adjustment follows input from Judge Katherine Polk Failla, who suggested that Coinbase's initial plea was overly broad.

Legal Arguments and Court Proceedings

Paul Grewal, Coinbase's Chief Legal Officer, explicated that the petition addresses the judge's reservations and is tailored to inject transparency into the SEC's modus operandi. Grewal underscored the indispensable nature of grasping the SEC's operational mechanisms, especially amidst the agency's litigation against Coinbase.

The legal strife between the SEC and Coinbase has persisted since the SEC's lawsuit the prior year. While Coinbase endeavored to nullify the lawsuit, Judge Failla ultimately rebuffed this appeal.

With the case transitioning to the discovery phase, Coinbase's recent petition endeavors to procure documents linked to the SEC's evaluations regarding Coinbase's public offering, communications concerning the tokens referenced in the SEC's complaint, and pronouncements attributed to Gensler during his term at the SEC.

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