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The U.S. Securities and Exchange Commission (SEC) secured a partial victory against Kraken in a federal court in California. The court dismissed Kraken’s assertion that Congress did not grant the SEC regulatory authority over cryptocurrency.
Details of the Case
Judge William H. Orrick rejected Kraken’s defense based on the “major questions doctrine.” This doctrine suggests that federal agencies cannot exercise powers not explicitly granted by Congress.
The court determined that the SEC did not exceed its regulatory authority in this case. Orrick emphasized that this doctrine is generally applied to issues with “significant economic consequences,” such as energy markets or student loans.
Kraken’s Defense
Kraken maintained its defense of “fair notice,” arguing that the SEC did not provide sufficient warnings about alleged violations of securities laws.
Judge Orrick acknowledged the validity of Kraken’s claim regarding lack of fair notice, stating that the SEC must prove how the Howey Test applies to transactions on Kraken’s platform.
Future Steps
In November 2023, the SEC filed a lawsuit against Kraken, claiming the exchange operated as an unregistered securities exchange since 2018. This lawsuit is similar to other actions the SEC has taken against cryptocurrency companies.
Payward Inc. and Payward Ventures, which operate Kraken, were also among the accused entities. This ruling strengthens the SEC’s authority over cryptocurrency regulations while impacting Kraken’s “fair notice” defense.
As the legal process unfolds, the court is expected to evaluate the evidence the SEC must present. Such legal cases can significantly affect the future of cryptocurrency regulation, potentially increasing stability in the sector by resolving uncertainties for both regulators and companies.
