Does Bittrex challenge the SEC's authority in a cryptocurrency lawsuit?

Can Bittrex challenge the SEC’s authority in a cryptocurrency lawsuit?

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Bittrex, a major cryptocurrency exchange platform, recently filed a motion to dismiss in its legal dispute with the Securities and Exchange Commission (SEC) of the United States. According to Bittrex, the SEC does not have the right to regulate cryptocurrencies as securities unless explicitly granted such power by Congress. This statement questions the SEC’s interpretation of existing regulations and seeks to establish a more precise regulatory framework for digital assets.

A similar approach to Coinbase

In its motion to dismiss, Bittrex has taken a similar approach to Coinbase, aligning its arguments with those put forward by the largest cryptocurrency exchange platform. This convergence suggests a strategic maneuver by Bittrex to leverage the solid legal framework established by Coinbase and build a unified defense against the SEC’s lawsuit.

Shortcomings in the SEC’s allegations

Like Coinbase, Bittrex’s legal team has identified what it considers to be shortcomings in the SEC’s allegations regarding the trading of investment contracts. While both defendants acknowledge that the initial sale of certain cryptographic assets may be classified as securities contracts, they argue that this classification does not extend to assets traded on secondary markets. According to them, once an asset is launched and actively traded on secondary markets, it should no longer be considered a security but rather be classified as a commodity or another category of digital assets.

Bittrex and the SEC: an ongoing dispute

Last April, the SEC accused Bittrex and its co-founder, William Shihara, of operating an unregistered national securities exchange. According to the complaint, Bittrex allowed the trading of digital assets meeting the criteria of securities defined in US federal securities laws without obtaining SEC registration as an exchange. In the same complaint, the SEC also accused Bittrex Global, Bittrex’s foreign affiliate, of failing to register as a national securities exchange.

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