SEC lawsuit against Kraken to proceed: ruling

As a seasoned analyst with over two decades of experience in the financial industry, I find myself closely monitoring the dynamic landscape of cryptocurrencies and their regulation. Having witnessed the meteoric rise and fall of various digital assets, I’ve learned to navigate this space with a healthy dose of skepticism and pragmatism.


In a recent ruling, a court judge in California refused Kraken’s attempt to drop an SEC lawsuit and deemed the Securaries Commission’s argument regarding cryptocurrencies as reasonable.

In the role of an analyst, I would rephrase it as follows:

The judge believed the claim was reasonable, suggesting that digital currencies like Cardano (ADA), Polygon (MATIC), and Solana (SOL) are probably subject to federal securities regulations.

Previously, supporters of cryptocurrency saw Solana’s exclusion from the SEC’s lawsuit against Binance as a favorable development for SOL and other alternative coins, interpreting it as a sign of good things to come for these digital assets.

Approximately four months following Kraken’s request to dismiss the lawsuit due to inaccurate phrasing, the San Francisco federal court issued their judgment. Reports suggest that Kraken was considering both an Initial Public Offering (IPO) and another funding round after making the motion to dismiss in May.

SEC largely anti-crypto under Gensler

Critics claim that, under the leadership of Gary Gensler, the Securities and Exchange Commission (SEC) has been taking a tough stance towards cryptocurrencies. Service providers in the blockchain sector contend that the regulatory body is failing to provide them with clear directives and guidelines for registration.

Gensler and the SEC push back against those who advocate for what they call “regulation through enforcement” in the cryptocurrency sphere, urging businesses and participants to abide by securities regulations instead of ignoring them.

As suggested by Gensler, the digital asset marketplace should adhere to stricter regulations. Consequently, the Securities and Exchange Commission (SEC) has taken legal action against notable players in this field, such as Binance, Coinbase, Kraken, and Ripple.

Although Ripple suffered some setbacks in retail sales regarding XRP, legal battles between the SEC and prominent cryptocurrency companies continue in court. Some members of the Web3 community speculate that these actions by the SEC and other government agencies resemble “Operation Choke Point 2.0,” a supposed initiative by the Biden administration to eliminate cryptocurrencies from the American financial system.

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2024-08-23 22:42