SEC Admits Mistake on Crypto Asset Securities

The SEC has recently filed a request to modify its original complaint against Binance, Binance.US, and co-founder Changpeng Zhao.

The U.S. Securities and Exchange Commission (SEC) has filed a motion to amend its original complaint in the ongoing legal battle with Binance, Binance.US, and co-founder Changpeng "CZ" Zhao. This updated filing comes after a recent district court ruling denied crypto exchange Kraken’s attempt to dismiss similar allegations.

In a bombshell revelation, the SEC has now dropped its claim that ten major crypto tokens, including Solana (SOL), Cardano (ADA), and Polygon (MATIC), are considered securities. This marks a significant shift in the regulatory body's stance.

This change comes as a response to the recent court decision in the Kraken case, where the SEC's broad definitions faced significant judicial pushback. The updated complaint aims to correct earlier misunderstandings and align with the court's findings.

The newly filed documents include a redlined version of the proposed amended complaint, showing exactly what has been changed. The SEC has also included the court order from the Kraken case to provide context and clarity on its revised position.

Coinbase CLO Responds to SEC Filing on X

Paul Grewal, Chief Legal Officer at Coinbase, quickly responded to the SEC's filing on X, pointing out an important note in the updated complaint. Grewal highlighted that the SEC has now acknowledged it may have confused certain tokens as securities. This marks a significant shift in the SEC's position.

"The SEC finally admits that 1/ "crypto asset security" is a made up term and 2/ to prove a "crypto asset security" is an investment contract, the SEC needs evidence of a bundle of "contracts, expectations, and understandings"? Think it's time for @SECgov to admit it has… https://t.co/iJIYTnNvxs pic.twitter.com/E58Pft7irc"

Meanwhile, Ripple's Chief Legal Officer Stuart Alderoty commented on the filing, observing that while Ethereum (ETH) seems to have avoided the SEC's scrutiny, the ten tokens still face regulatory challenges.

"The SEC seems to have finally realized that ETH can no longer be called a security after the Supreme Court ruling. However, the tokens on this list (X) are still subject to the SEC's overreach. But don't worry, the SEC will continue to allege that these assets are sold as investment contracts and will pursue regulatory enforcement against them. Pay no attention to the fact that the tokens are fully functional and decentralized with thriving communities and use cases. According to the SEC, that doesn’t matter. Only their definition of an 'investment contract' matters. And they will use that definition to continue their witch hunt against crypto."

However, the SEC continues to allege that these assets are sold as investment contracts and will pursue regulatory enforcement against them.