UNCHAINED: Why the SEC’s Case Against Coinbase Is So Significant for Crypto
Attorney Sam Enzer explains how the case that’s currently being heard could impact the SEC's entire enforcement regime against crypto.
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On Wednesday, a federal court in New York heard oral arguments in Coinbase’s motion to dismiss the SEC’s case against it for, among other things, allegedly acting as an unregulated securities exchange. Notably, Judge Katherine Polk Failla pressed the SEC to explain how it has jurisdiction over Coinbase in the case by defining what it considers a security.
Sam Enzer, a partner at Cahill Gorden & Reindel who represents Coinbase but not in this matter, joined Unchained to discuss why this case is so significant for the crypto industry, how he believes the government contradicted itself on the crucial definition of what constitutes a security, why he thinks the judge will not dismiss the case at this early stage, how the Ripple and Terraform Labs cases could be used by each side, and why he thinks Judge Failla is such a perfect choice to rule in this case.
Show highlights:
Why SEC v Coinbase holds important implications for the U.S. crypto ecosystemWhat the SEC alleges against Coinbase, focusing on its trading platform, wallet, and staking servicesHow Coinbase forcefully counters the SEC's claims as it strives to get the case dismissedWhat the “major questions doctrine” entails and its critical role in this disputeWhy Sam perceives the judge as “extremely skeptical” of the SEC's stanceWhether inconsistencies surfaced in the SEC lawyers' argumentsWhat “strict liability” means and its frequent mention in this legal battleWhat takeaways from the Ripple and Terraform Labs cases offer about secondary market salesWhy Sam believes Judge Katherine Polk Failla is exceptionally well-suited for this caseWhether Judge Failla might reject the motion to dismiss, and whenThank you to our sponsors! Popcorn Network | iTrustCapital
Guest
Sam Enzer, partner at Cahill Gordon & Reindel
Previous appearances on Unchained:
Why SBF's Testimony So Far Has Likely Already Doomed Him
Another Bad Week for Sam Bankman-Fried in His Criminal Trial
Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify
SBF Trial: How Sam Bankman-Fried’s Lawyers Might Try and Win His Case
SBF’s Lawyers Could Be Annoying the Judge How Might That Impact the Trial?
Links
Previous coverage of Unchained on the Coinbase case and the topic of securities:
SEC Sues Binance, Coinbase: ‘This Is Not the End of Crypto in the United States’
These 2 Crypto Trading Platforms Agree With SEC Chair Gary Gensler
Coinbase’s Legal Action Against the SEC: How It Will Likely Unfold
‘Is ETH a Security?’ Why Gary Gensler Couldn’t Give Congress a Straight Answer
Gary Gensler vs. Crypto: What Will the SEC Attack Next?
Rep. Emmer on Why He Believes Gary Gensler Is a ‘Bad-Faith Regulator’
Coinbase vs. SEC
Unchained:
Federal Judge Presses SEC Over Jurisdiction in Case Against Coinbase
SEC Sues Coinbase for Breaking Securities Laws
SEC Files Motion to Freeze Binance’s Assets, Asks for ‘Sworn Accounting’
SEC Calls Solana, Polygon, Algorand and Other Tokens Securities but Misses Ether in Binance Lawsuit
Cointelegraph: Senator Lummis files amicus brief supporting Coinbase’s dismissal motion against SEC.
Other cases
Kraken
CNBC:Crypto exchange Kraken settles with SEC for $30 million, will close US staking operation
XRP
Unchained: SEC vs Ripple: Judge Rules XRP Sold on Exchanges Is Not a Security
Terraform Labs
Reuters: Judge sides with US SEC, says Terraform Labs crypto founder Do Kwon violated law
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Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz.
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