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New Amicus Briefs Intensify SEC’s Case Against Coinbase

Three amicus briefs have been filed in support of the U.S. Securities and Exchange Commission’s (SEC) ongoing lawsuit against Coinbase, intensifying the legal battle.

The North American Securities Administrators Association, the New Finance Institute, and Administrative Law Scholars argue that Coinbase operated as an unregistered broker-dealer, bolstering the SEC’s case. Coinbase continues to refute these allegations.

Amicus Briefs Bolster SEC’s Case Against Coinbase

In the unfolding legal drama between the U.S. Securities and Exchange Commission (SEC) and Coinbase, the scales tip as three influential groups file amicus briefs, backing the regulator’s claims.

These developments thrust the case back into the spotlight, underscoring the contentious nature of regulatory oversight in the rapidly evolving crypto space.


The North American Securities Administrators Association (NASAA), the New Finance Institute (NFI), and the Administrative Law Scholars have lent their voices in support of the SEC.

Each group echoes the allegation that Coinbase operated as an unregistered broker-dealer, a violation that the exchange adamantly denies.

Coinbase, since the initiation of the lawsuit, has maintained a stance of defiance, arguing the SEC’s lack of jurisdiction over the crypto industry.

The exchange’s pushback signifies a broader tension between crypto enterprises and regulatory bodies, a dance of innovation against tradition, raising fundamental questions about the applicability of existing securities laws to digital assets.

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These amicus briefs, enriched with legal insights, are likely to play a crucial role in shaping the court’s perspective. They not only validate the SEC’s position but also amplify the urgency for a legal framework that addresses the unique challenges posed by cryptocurrencies, balancing innovation with investor protection.

Diving into the Legal Arguments

The amicus briefs lodged by the North American Securities Administrators Association (NASAA) and the New Finance Institute (NFI) delve into the intricate legalese surrounding Coinbase’s actions and the SEC’s jurisdiction.

NASAA’s contention hinges on the flexibility of the U.S. Congress’s definition of a “security.” The association, backed by a slew of former SEC officials, underscores that the term “security” has been constructed broadly to encapsulate a variety of investments.

In this context, the crypto assets in question, highlighted in the SEC’s enforcement action against Coinbase, are branded as investment contracts, falling squarely under the umbrella of regulatory oversight.

The brief goes further to spotlight Coinbase’s staking program, labeling it an investment contract and thereby, a security subject to regulation. This stance isn’t isolated; it mirrors the consensus among state securities regulators, painting a cohesive front that underscores the SEC’s jurisdiction in the matter.

On the other hand, the NFI takes a distinct yet complementary stance. This public benefit corporation, focused on finance, contends that the terms “investing” and “contract” aren’t preconditions for something to be classified as an “Investment Contract.” With this assertion, NFI amplifies the scope of the SEC’s authority, endorsing its capacity to regulate crypto assets.

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Major Questions Doctrine Explored

The introduction of a third amicus brief by legal scholars Todd Phillips and Beau Baumann underscores the complexity of the SEC’s authority in the case against Coinbase. They focus on the “major questions doctrine,” emphasizing the need for clear congressional guidance on regulatory authority over significant issues. 

The scholars highlight recent court decisions to assert that the SEC’s actions are consistent with established legal norms, countering Coinbase’s claims of regulatory overreach.

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Donald Haymatter

Donald Haymatter is an expert broker with 15+ years of experience. He stays up-to-date with the latest financial news and trends to help clients make informed investment decisions. Donald is known for his analytical approach and personalized investment advice. Outside of work, he enjoys reading and mentoring young professionals.

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