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Bittrex challenges SEC’s authority in crypto lawsuit, seeks dismissal

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Cryptocurrency trade Bittrex has submitted a movement to dismiss in its authorized dispute with america Securities and Change Fee (SEC).

In its latest courtroom filing, Bittrex argues that the SEC doesn’t have the authority to control cryptocurrencies as securities except explicitly granted by Congress. This assertion challenges the SEC’s interpretation of present securities rules and seeks to determine a extra outlined regulatory framework accommodating digital belongings.

In its movement to dismiss, Bittrex has adopted a similar approach to Coinbase, aligning its arguments carefully with these made by the bigger cryptocurrency trade. This alignment signifies a strategic transfer by Bittrex to capitalize on the sturdy authorized framework established by Coinbase and assemble a unified protection in opposition to the SEC’s lawsuit.

Bittrex’s movement to dismiss (screenshot). Supply: CourtListener

Like Coinbase, Bittrex’s authorized group identifies what they understand as shortcomings within the SEC’s allegations relating to the buying and selling of funding contracts. Whereas each defendants acknowledge that the preliminary sale of sure crypto belongings could possibly be labeled as securities contracts, they contend that the identical classification doesn’t lengthen to belongings traded on secondary markets.

They argue that after an asset is launched and actively traded on secondary markets, it ought to now not be thought-about a safety however somewhat categorized as a commodity or one other class of digital asset.

Furthermore, Bittrex contends that the SEC didn’t adequately talk that its actions have been prohibited, emphasizing a protection technique generally employed by crypto defendants who problem the SEC’s allegations.

Associated: Bittrex withdrawals set to resume after bankruptcy court gives green light

In April, the SEC charged Bittrex and its co-founder, William Shihara, with operating an unregistered nationwide securities trade. As per the criticism, Bittrex enabled the buying and selling of digital belongings that met the securities standards outlined in U.S. federal securities legal guidelines with out acquiring SEC registration as an trade.

In the identical criticism, the SEC additionally charged Bittrex International — the international affiliate of Bittrex — with not registering as a nationwide securities trade.

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