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Coinbase's Legal Battle with SEC Over Personal Communications

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by Giorgi Kostiuk

a year ago


The United States cryptocurrency exchange Coinbase is in a legal dispute with the financial regulator, Gary Gensler, regarding access to his personal communications. Coinbase has been persistent in its attempts to obtain these communications, claiming they are crucial for their ongoing battle with the regulator.

In April, Coinbase initially requested Gensler to provide personal communications, asserting its relevance to the case. Specifically, they sought any documents related to cryptocurrencies dating back to 2017.

The Securities and Exchange Commission (SEC) opposed Coinbase's request in a letter to District Court Judge Katherine Failla on June 28, rejecting the notion and proposal put forth by Coinbase.

Undeterred, Coinbase challenged this opposition in a letter filed on July 3. They argued that Gensler's personal communications regarding the regulatory status of digital assets and cryptocurrency exchanges during his tenure as SEC chair are critical for Coinbase's fair notice defense.

Coinbase's legal team emphasized the significance of Gensler's personal communications, stating that they are pivotal for their case. They pointed out that Gensler has communicated with market participants in his personal capacity, making it essential to investigate his private messages.

The lawyers highlighted that Gensler's communications, both during and before his time as SEC Chair, hold equal importance. Understanding his views on regulatory matters over time is crucial for Coinbase.

In response to a legal battle initiated by the SEC, Coinbase's legal chief reiterated their pursuit of 'reasonable discovery.' They emphasized that the effort to access Gensler's communications was a response to the SEC's actions.

The SEC sued Coinbase in June 2023, accusing the exchange of violating federal securities laws by listing tokens deemed as securities and operating as an unregistered securities broker since 2019, predating its public offering in April 2021.

Coinbase contends that the tokens on its platform do not fit within the classification of securities and are not subject to SEC regulations.

The ongoing legal dispute between Coinbase and the SEC underscores the complexity and high stakes involved in the regulation of cryptocurrencies and digital assets.

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