Cryptocurrency

CRYPTO Will NEVER Be The Same! SEC vs. Coinbase CLASH THIS WEEK!



In this video, I discuss the significant upcoming oral arguments in the Coinbase vs SEC case, set to occur in four days, a landmark event in the history of cryptocurrency. I offer a legal perspective on the implications of the SEC charging Coinbase for operating as an unregistered securities exchange, broker, and clearing agency. I also explore various potential outcomes of the hearing, emphasizing the case’s crucial impact on the crypto market and regulatory landscape, while sharing insights from legal expert James Murphy. The discussion includes the broader implications for digital tokens and the authority of the SEC in regulating crypto exchanges, underscoring the high stakes of this case for the entire crypto community.

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Intro 00:00
Here is what happened 00:22
4 outcomes THIS WEEK 1:30
Judge could deny Coinbase motion 1:58
Entire case dismissed 2:35
Gary has some challenges 3:35
13 tokens not securities 5:30
Judge Failla 6:10
Could it come down to this? 6:45
Quick ruling 7:50
Why this is a big deal 8:40

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Five days until coinbase SEC oral arguments are one of the most landmarked cases in the history of crypto I have a really nice update in this video I got some legal perspective we got some legal perspective and that’s what I want to break down what to anticipate and right

Now as I record the video it’s for it’s basically four days away I sometimes feel like I’m the only one who thinks this is a huge deal in case you’re unaware in June SEC charge coinbase for operating as an unregistered Securities Exchange broker and clearing agency and that’s just what happened

Court went on to approve coinbase’s request for oral arguments in SEC lawsuit I think I read that this type of thing happening oral arguments being approved without Discovery is a big deal coinbase requested the court to dismiss the lawsuit as the sec’s claims on Securities are wide when it comes to

Digital tokens the sec’s reasoning for digital tokens does not apply to digital assets so obviously we’re days away I tweeted I posted yesterday and then I thought about it for a little I said you know what I I love Insight from someone like meta law man James Murphy who is he

Has a legal background he’s been tracking all these crypto legal situations and he’s been so helpful to me go follow him on on X if you’re not following him already but I said I would love his insight as to what may happen after oral arguments how long to ruling

Etc and he delivered he he he commented on my post he said okay we’ll do tomorrow morning and he just posted a little bit ago update so everybody please hit the Subscribe hit the like let’s jump into this and and I just want to read through this is so helpful in

Terms of what to anticipate in the coming days and then we can kind of talk about man how is how are markets going to react like this potentially so metal law man over here he says SEC versus coinbase update the hearing on coinbase’s motion for judgment on the

Pleadings will be held on Wednesday January 17th there are four possible outcomes with potential permutations to each option one one judge denies the coinbase motion we don’t want this to happen it’s a low bar for the SCC to win all the SEC has to show is they have alleged facts making

Their claim plausible the case moves on to Discovery for a year or more until motions for summary judgment like in Ripple so we saw the Ripple case just being it was just dragged on and on and on it’s a possibility we find ourselves in that situation with the coinbase SEC

Case I would totally rather this does not happen and I’d rather one of these other options happen we go option two option two is Judge grants coinbase’s motion with prejudice this means the entire case is dismissed now I want you to Envision for a second as I go through each option

Right maybe option one the the motion gets denied the coin bases motion gets denied and then we’re in this long process of discovery it’s going to be like over a year potentially how will markets react to that I I question that I wonder that how will how

Will people react to that news and then I also wonder option two could you imagine if judge granted coinbase motion with prejudice meaning the entire case is dismissed could you imagine not even put put aside the markets for for a second how how X and and the and the

Entire crypto space and people in crypto would would react to that this would be such a major deal and it’s option two it’s all over at The District Court the SEC moves on to appeal at the second Circuit Court of Appeals option three judge grants motion without prejudice so

Instead of with prejudice without prejudice SEC gets a chance to amend the complaint to cure deficiencies cited by the judge but if the court rules the SEC lacks authority from Congress Congress to regulate crypto exchanges there would be no point in allowing an amendment this is this is it right here too this

Is a huge piece if the court rules the SEC lacks authority from Congress to regulate crypto exchanges I just posted the other day just to touch on this a little bit I posted the other day some things Gary has done Gary gendler has already stated publicly in 2021 before

Congress that SEC has no regulatory authority over crypto exchanges Congress does so I’m pretty sure judge Fila is paying attention to to not only just that side of the law the proper side of the law but maybe paying attention to hey Gary gendler the chair of the SEC he

He publicly agreed to this right and so hopefully she agrees and the court agrees and rules the SEC lacks authority from Congress to regulate crypto exchanges and and the other thing I I’ll just put this out there I’m I’m I’m hoping that judge Fila is also considering that Gary’s been on video

Stating 75% of crypto are non-securities before changing his mind that almost all crypto products are securities he’s been on video I use aloran example because that’s what he was doing he was he was he was basically saying algorand is a great technology so he’s been on video

Saying all of these things not to mention paying attention to uh the Ripple case if you remember during the premotion hearing of this coinbase SEC case during the hearing the the judge ruled in the Ripple case that xrp not a security so the timing of this and and I

Think judge fed is paying attention option four judge grants motion with respect to the claims relating to 13 crypto tokens but denies with respect to the staking service so the case would then move on to Discovery focused only on the staking service and whether it qualifies as an investment contract this

Could be a big deal right granting motion with the respect to the claims relating to 13 cryptos tokens whether or not they’re Securities that could be a big deal but then needing to go further into uh the discovery for the staking side the staking service does that qualify as an investment contract

Because that’s the other piece of it here he says the judge almost certainly will not rule at the hearing that would just be amazing I wasn’t really thinking that uh so he says but it is possible she will leave some hints through her questioning and

This is a this is kind of from a headline perspective even the day of the hearing what kind of headlines will come out of this if you remember during the premotion hearing these were some of the the headlines that we got before judgeing coinbase case expresses skepticism over sec’s prior S1 approval

And this could be what the case even hinges on uh check this out actually the the title of this this headline in July was could coinbase coin could coinbase’s SEC battle come down to its S1 filing and just look at what the judge said look at what the court said here you

Never could have said to them hey you guys need to register a Securities Exchange that was within the power of the SEC to do was was it not SEC says I can’t really speak to that of course they couldn’t Court says I think it was I don’t think anything stopped the

Commission from doing it I’m not suggesting sir that this is dispositive or that there is a stopus issue but it’s not crazy in the file of parlament for coinbase to think that what they were doing was okay because it was exactly what you let them do when they issued the S1

That’s like the foundation of it all besides everything else we just talked about so metal law man uh continues with just you know some some insight he said I will be in court in New York on Wednesday to see what I can see I will share my views on which outcome is most

Likely after the hearing judge file understands the stakes are enormous in this case I would expect her to issue a ruling quickly I really hope so quickly for me would mean in under three months and check this out you can listen to the hearing I will I will be listening to this

Hearing assuming I’m I’m available to live at 10 a.m. eastern on Wednesday by dialing and there’s a number so I’ll put this this thread in the comments below but this is this is such a big deal everybody and again I’m wondering the headlines what is going to come out

Of this I’m wondering as metal law man kind of suggested are we going to get hints in terms of Judge filo where her head is at at this point we’ve gotten hits prior at the premotion hearing are we going to get new hints is she going to still show

Skepticism or are we going to get something maybe maybe on the more negative side for coinbase maybe more in favor of SEC this time around I have no idea but I’m telling you we’ve talked a lot about the Bitcoin ETF the spot ETF I’ve been saying I think this is a

Bigger deal and I really for the crypto space I really do think it is such a big deal if you really think about it you just go to Total market cap of crypto that’s 1.6 trillion bitcoin’s 9 like I think around 900 billion or so of that that’s a huge

Piece of the crypto space the other amount of of of market share right that’s that’s all the alt coins that’s the crypto space and this judge or this this court case means so much in terms of what happens next I want to give an update what I’m anticipating going into

This week I’m going to be talking about this probably a lot let me know your thoughts everybody in the comments subscribe notifications on hit that like I appreciate your support so much I’ll see you in the next video God bless

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