The SEC claims a court ruling gives it authority over crypto, setting up a possible counter-argument in dismissal motions brought against it.
A recent filing from the United States Securities and Exchange Commission (SEC) in its lawsuit against crypto miner Green United could shed light on how it may approach the case against Coinbase.
On July 31, the SEC scored a win after District Judge Jed Rakoff denied Terraform Lab’s motion to dismiss the case, rejecting its argument that relied on the “major questions doctrine.”
The same argument has been used by purported crypto miner Green United in its own motion to dismiss and has also been a centerpiece for crypto defendants in cases against the SEC, including from crypto exchange Coinbase.
However, in an Aug. 4 filing, the SEC said the recent Terraform Labs ruling provides additional authority for rejecting Green United’s major questions doctrine and fair notice defenses.
“The court rejected defendants’ arguments that the “Major Questions Doctrine” and the Due Process Clause “prevent the SEC from alleging the company’s digital assets to be ‘investment contracts,’" the SEC’s letter reads.
“Accordingly, Terraform Labs is relevant to this matter because it provides additional authority for rejecting Defendants’ “Major Questions Doctrine” and fair notice defenses,” it added.
The latest arguments from the SEC could shed light on how it may approach Coinbase’s own motion to dismiss, which was also filed on Aug. 4.
In Coinbase’s motion to dismiss an SEC lawsuit, the crypto exchange argued the major questions doctrine applied as the SEC attempted to regulate the secondary market for crypto trading.
1/7
— Adam Cochran (adamscochran.eth) (@adamscochran) June 29, 2023
Most important change in the Coinbase vs SEC case:
CB is arguing "major questions doctrine"
This is a statutory interpretation (legal theory essentially) that says only Congress has the right to decide "major questions" https://t.co/KtWYAR7yav
The major questions doctrine was established in a 2022 Supreme Court ruling which outlined Congress intends to make policy decisions and doesn’t delegate authority to agencies — whose regulatory authority requires clear authorization from lawmakers.
Related: SEC freezes assets of DEBT Box, alleging $50M node license ‘sham’
The judge in the SEC vs Terraform case found Terraform “cannot wield a doctrine intended to be applied in exceptional circumstances as a tool to disrupt the routine work that Congress expected the SEC and other administrative agencies to perform.”
The SEC has previously used other rulings to bolster its arguments in similar cases.
In April, it sent a letter to the presiding judge in the SEC vs. Ripple Labs case and highlighted a judge’s option in a lawsuit it won where it was deemed a longstanding court precedent provides sufficient fair notice.
Magazine: Crypto regulation — Does SEC Chair Gary Gensler have the final say?
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marcushenderson624
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09.10.25 11:05
marcushenderson624
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09.10.25 11:05
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12.10.25 01:12
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12.10.25 21:36
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robertalfred175
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14.10.25 08:46
robertalfred175
CRYPTO SCAM RECOVERY SUCCESSFUL – A TESTIMONIAL OF LOST PASSWORD TO YOUR DIGITAL WALLET BACK. My name is Robert Alfred, Am from Australia. I’m sharing my experience in the hope that it helps others who have been victims of crypto scams. A few months ago, I fell victim to a fraudulent crypto investment scheme linked to a broker company. I had invested heavily during a time when Bitcoin prices were rising, thinking it was a good opportunity. Unfortunately, I was scammed out of $120,000 AUD and the broker denied me access to my digital wallet and assets. It was a devastating experience that caused many sleepless nights. Crypto scams are increasingly common and often involve fake trading platforms, phishing attacks, and misleading investment opportunities. In my desperation, a friend from the crypto community recommended Capital Crypto Recovery Service, known for helping victims recover lost or stolen funds. After doing some research and reading multiple positive reviews, I reached out to Capital Crypto Recovery. I provided all the necessary information—wallet addresses, transaction history, and communication logs. Their expert team responded immediately and began investigating. Using advanced blockchain tracking techniques, they were able to trace the stolen Dogecoin, identify the scammer’s wallet, and coordinate with relevant authorities to freeze the funds before they could be moved. Incredibly, within 24 hours, Capital Crypto Recovery successfully recovered the majority of my stolen crypto assets. I was beyond relieved and truly grateful. Their professionalism, transparency, and constant communication throughout the process gave me hope during a very difficult time. If you’ve been a victim of a crypto scam, I highly recommend them with full confidence contacting: 📧 Email: [email protected] 📱 Telegram: @Capitalcryptorecover Contact: [email protected] 📞 Call/Text: +1 (336) 390-6684 🌐 Website: https://recovercapital.wixsite.com/capital-crypto-rec-1
14.10.25 08:46
robertalfred175
CRYPTO SCAM RECOVERY SUCCESSFUL – A TESTIMONIAL OF LOST PASSWORD TO YOUR DIGITAL WALLET BACK. My name is Robert Alfred, Am from Australia. I’m sharing my experience in the hope that it helps others who have been victims of crypto scams. A few months ago, I fell victim to a fraudulent crypto investment scheme linked to a broker company. I had invested heavily during a time when Bitcoin prices were rising, thinking it was a good opportunity. Unfortunately, I was scammed out of $120,000 AUD and the broker denied me access to my digital wallet and assets. It was a devastating experience that caused many sleepless nights. Crypto scams are increasingly common and often involve fake trading platforms, phishing attacks, and misleading investment opportunities. In my desperation, a friend from the crypto community recommended Capital Crypto Recovery Service, known for helping victims recover lost or stolen funds. After doing some research and reading multiple positive reviews, I reached out to Capital Crypto Recovery. I provided all the necessary information—wallet addresses, transaction history, and communication logs. Their expert team responded immediately and began investigating. Using advanced blockchain tracking techniques, they were able to trace the stolen Dogecoin, identify the scammer’s wallet, and coordinate with relevant authorities to freeze the funds before they could be moved. Incredibly, within 24 hours, Capital Crypto Recovery successfully recovered the majority of my stolen crypto assets. I was beyond relieved and truly grateful. Their professionalism, transparency, and constant communication throughout the process gave me hope during a very difficult time. If you’ve been a victim of a crypto scam, I highly recommend them with full confidence contacting: 📧 Email: [email protected] 📱 Telegram: @Capitalcryptorecover Contact: [email protected] 📞 Call/Text: +1 (336) 390-6684 🌐 Website: https://recovercapital.wixsite.com/capital-crypto-rec-1
15.10.25 18:07
crypto
Cryptocurrency's digital realm presents many opportunities, but it also conceals complex frauds. It is quite painful to lose your cryptocurrency to scam. You can feel harassed and lost as a result. If you have been the victim of a cryptocurrency scam, this guide explains what to do ASAP. Following these procedures will help you avoid further issues or get your money back. Communication with Marie ([email protected] and WhatsApp: +1 7127594675) can make all the difference.
15.10.25 21:52
harristhomas7376
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15.10.25 21:52
harristhomas7376
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