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Coinbase issued Wells notice by SEC

reuters.com

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Re: Coinbase issued Wells notice by SEC

#161
post #155

I can take my money and put it into a slot machine, gamble it on horses, gamble it on sports games. I can buy useless thousand dollar sneakers, I can buy pokemon cards. I can waste my money on absurdly overpriced art, give it to scammy non-profits, donate it to scammy spoiler political candidates. In some states I can use my money to hire hookers, or buy drugs. But if I want to buy crypto, all of a sudden that is a p…

Everyone knows what they are doing when gambling etc But nowadays crypto is being pitched as an investment to the layperson who doesn’t understand the risks and isn’t being told those risks by the exchanges. It’s those folks the SEC is trying to protect. That and prevention of larger market issues that can arise from unregulated financial services, ie FTX

>Everyone knows what they are doing when gambling etc

No they absolutely do not.

Re: Coinbase issued Wells notice by SEC

#162

I can take my money and put it into a slot machine, gamble it on horses, gamble it on sports games. I can buy useless thousand dollar sneakers, I can buy pokemon cards. I can waste my money on absurdly overpriced art, give it to scammy non-profits, donate it to scammy spoiler political candidates. In some states I can use my money to hire hookers, or buy drugs. But if I want to buy crypto, all of a sudden that is a p…

> I can take my money and put it into a slot machine, gamble it on horses, gamble it on sports games. I can buy useless thousand dollar sneakers, I can buy pokemon cards. I can waste my money on absurdly overpriced art, give it to scammy non-profits, donate it to scammy spoiler political candidates. > In some states I can use my money to hire hookers, or buy drugs. > But if I want to buy crypto, all of a sudden that…

I may be misremembering but I seem to recall that the Pokemon cards and other collectible card games go out of their way to clarify that they are NOT investments.

Re: Coinbase issued Wells notice by SEC

#163

Some here have said it’s the SEC who should have a more collaborative spirit. But all of their incentives, job descriptions, and reason to exist are to _enforce laws_ not be chummy with startup executives. The “mean” approach to securities enforcement is what we as a society need…there are far too many scams and people who run them, and those scams seem especially concentrated within the crypto world. After the blitz…

In the blog past Coinbase General Counsel asks for "guidance". The guidance for future "crypto entrepreneurs" is going to come from the outcomes of these enforcement actions. CryptoExpert: "We want guidance. We want regulation." SEC: "Your product/service is a security." CryptoExpert: "No it's not!" Damodoran called cryptocurrency "currency made by the paranoid for the paranoid." [paraphrase] Let's be honest, coopera…

It doesn't seem like the SEC has actually said what Coinbase is doing that is a security, or published regulations on how to determine which digital assets are securities and which are not

"The SEC staff told us they have identified potential violations of securities law, but little more. We asked the SEC specifically to identify which assets on our platforms they believe may be securities, and they declined to do so"

- https://www.coinbase.com/blog/we-asked-the-sec-for-reasonabl...

Coinbase seems to be trying their best to comply with regulation, but getting nowhere

Re: Coinbase issued Wells notice by SEC

#164

I can take my money and put it into a slot machine, gamble it on horses, gamble it on sports games. I can buy useless thousand dollar sneakers, I can buy pokemon cards. I can waste my money on absurdly overpriced art, give it to scammy non-profits, donate it to scammy spoiler political candidates. In some states I can use my money to hire hookers, or buy drugs. But if I want to buy crypto, all of a sudden that is a p…

> I can take my money and put it into a slot machine, gamble it on horses, gamble it on sports games. I can buy useless thousand dollar sneakers, I can buy pokemon cards. I can waste my money on absurdly overpriced art, give it to scammy non-profits, donate it to scammy spoiler political candidates. > In some states I can use my money to hire hookers, or buy drugs. > But if I want to buy crypto, all of a sudden that…

[deleted]

Re: Coinbase issued Wells notice by SEC

#165

Earlier quoted context omitted.

The SEC's position is that some crypto coins are securities. Gambling, hookers, political donations, and non-profit donations are all regulated. Securities are regulated even more tightly because it's *really* easy to commit fraud and fleece people of their money by lying about investments. Capitalism works because most people trust that they can make investments without being defrauded. With hookers, non-profit dona…

Are sneakers, pokemon cards, and art collections regulated? What if I buy some sneakers thinking I'm going to flip them and then I lose money?

No. They aren't investment contracts. They're just sneakers.

The SEC regulates the market for investment contracts (securities). The CFTC regulates the market for commodities. The legal point is that the SEC says Coinbase is a securities market, but haven't made a specific accusation, and Coinbase disagrees. But if some digital assets are securities, then the SEC definitely has jurisdiction.

Nobody regulates the pokemon card market or sneaker market. I suppose congress could decide that it's super important to regulate sneakers, and set up the Sneakers and Exchange Comission. But they haven't yet

Re: Coinbase issued Wells notice by SEC

#166

I can take my money and put it into a slot machine, gamble it on horses, gamble it on sports games. I can buy useless thousand dollar sneakers, I can buy pokemon cards. I can waste my money on absurdly overpriced art, give it to scammy non-profits, donate it to scammy spoiler political candidates. In some states I can use my money to hire hookers, or buy drugs. But if I want to buy crypto, all of a sudden that is a p…

Not so much protecting you, but ensuring a fair playing ground. If crypto is "finance", then it has to be subject to financial regulations.

Re: Coinbase issued Wells notice by SEC

#167
post #142

Earlier quoted context omitted.

> Just because you made profits in the earlier years with little to no regulation doesn't mean that government is bound to let you keep making that profit forever. Coinbase has repeatedly asked for clear regulation. If anything your issue should be with the regulators for not regulating, not Coinbase for trying to operate a business responsibly as possible without clear regulation. > Deal with it like a grown busines…

> If anything your issue should be with the regulators for not regulating, not Coinbase for trying to operate a business responsibly as possible without clear regulation. I very explicitly _do not want_ lawmakers to move at the speed of start-ups. Start-ups are there to move fast and break things. Laws are more rigid, and thus NEEDS to take it slow to get a full picture of the risk/reward before legislating. Coinbase…

Coinbase has been operating since 2012. The big crypto ICO wave was in 2017. The total market cap of digital assets today is ~ $1.2 billion. It's crazy for the SEC to make no regulations, allow Coinbase to go public two years ago, and now to make some vague threat to sue without actually saying what Coinbase is doing wrong.

Just because you don't like crypto tech companies doesn't mean the SEC can just not do its job.

Re: Coinbase issued Wells notice by SEC

#168

I can take my money and put it into a slot machine, gamble it on horses, gamble it on sports games. I can buy useless thousand dollar sneakers, I can buy pokemon cards. I can waste my money on absurdly overpriced art, give it to scammy non-profits, donate it to scammy spoiler political candidates. In some states I can use my money to hire hookers, or buy drugs. But if I want to buy crypto, all of a sudden that is a p…

You’re implying the government doesn’t regulate any of those other activities?

Re: Coinbase issued Wells notice by SEC

#169

Earlier quoted context omitted.

The SEC's position is that some crypto coins are securities. Gambling, hookers, political donations, and non-profit donations are all regulated. Securities are regulated even more tightly because it's *really* easy to commit fraud and fleece people of their money by lying about investments. Capitalism works because most people trust that they can make investments without being defrauded. With hookers, non-profit dona…

Are sneakers, pokemon cards, and art collections regulated? What if I buy some sneakers thinking I'm going to flip them and then I lose money?

You can wear them?

Re: Coinbase issued Wells notice by SEC

#170

There’s a lot of discussion on what constitutes a Security so I think it’s a good idea to shine a light on this topic. In 1946, SEC v W.J. Howey Co. (328 U.S. 293) ruled the meaning of “security” as used in the provision of § 2(1) of the Securities Act of 1933 defining “security” as : “For purposes of the Securities Act, an investment contract (undefined by the Act) means a contract, transaction, or scheme whereby a…

And Coinbase's position is that none of the crypto assets it lists meet that test. For the coins Coinbase lists: - Criteria #2 is debatable - They don't meet criteria #3 - Or they don't meet criteria #4 Lots of coins look like commodities. They represent a digital asset, not ownership in a common enterprise or a loan. Coinbase believes that all of the tokens they list are securities. The SEC will need to tell Coinbas…

That’s interesting to hear your perspective.

Do you really believe that any given token does not qualify as a common enterprise? Crypto tokens seem to pretty clearly meet that definition.

Additionally, if I were to buy any given token and then it gains or loses value without any effort on my part, that would pretty clearly satisfy #3. Not sure what #4 is that you’re referencing

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