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州级诉讼是在SEC决定在2月驳回联邦执法诉讼的决定之后
Coinbase is once again in legal crosshairs - this time in Oregon, where Attorney General Dan Rayfield has filed a complaint against the crypto exchange for allegedly selling unregistered securities to residents of the U.S. state without properly screening the risky investments to protect consumers.
Coinbase再次在法律十字准线中 - 这次在俄勒冈州,总检察长丹·雷菲尔德(Dan Rayfield)对加密货币交易所提出了投诉,因为据称向美国州的居民出售未注册的证券而没有适当筛选有风险的投资以保护消费者。
The state-level lawsuit follows the SEC's decision to dismiss a federal enforcement lawsuit against Coinbase in February, part of a broader reversal on cryptocurrencies in which several digital asset enforcement cases were stalled.
州级诉讼遵循SEC在2月份驳回对Coinbase的联邦执法诉讼的决定之后,这是对加密货币的更广泛逆转的一部分,其中几个数字资产执法案件停滞不前。
According to the attorney general's office statement, states are now left to cover the enforcement gap created by federal authorities who are "giving up" and "abandoning these important cases."
根据总检察长的办公室声明,各州现在要涵盖“放弃”和“放弃这些重要案件”的联邦当局造成的执法差距。
Yesterday, initial news about the lawsuit broke after Coinbase Chief Legal Officer Paul Grewal took to Twitter to inform the crypto community that the Oregon AG was "resurrecting the dead by bringing a copycat case of SEC's enforcement action against Coinbase."
昨天,在Coinbase首席法律官Paul Grewal上了Twitter,告知加密货币社区,俄勒冈州AG“通过提出SEC针对Coinbase的执法诉讼,俄勒冈州恢复了死者”。
Coinbase has now shared a copy of the complaint filed by the Oregon AG, detailing the state’s case against the crypto exchange.
Coinbase现在分享了俄勒冈州AG提出的投诉的副本,详细介绍了该州针对加密货币交易所的案件。
In a recent tweet, Grewal shared that crypto exchange had finally got a copy of the Oregon AG complaint.
格雷瓦尔(Grewal)在最近的一条推文中分享说,加密货币交易所终于收到了俄勒冈AG投诉的副本。
"If there were any doubt about the motivation behind it, look no further than section 9, where it 1) omits Judge Failla’s order granting interlocutory appeal of the @SECGov case; 2) omits any mention of Judge Torres’ decision in the Ripple case; and 3) labels the Chairman of the SEC as a crypto lobbyist while also decrying the reassignment of Gensler’s lead lawyer to the IT department," Grewal said.
“如果对其背后的动机有任何疑问,那就不过是第9节,其中1)省略法拉拉法官授予@Secgov案件的中间诉讼的命令; 2)省略任何提及Torres法官在Ripple案中的裁决;和3)标签SEC的委员会是SEC作为Crypto Lobbyist the Crypto Lobbyist and Cressiment and Remerne naw and re nakers and renser的统治,''格雷瓦尔说。
Coinbase CLO Paul Grewal.
Coinbase Clo Paul Grewal。
Interestingly, there was no mention of Judge Torres’ decision in the Ripple lawsuit. In July 2023, Judge Torres ruled that XRP is "not necessarily a security on its face," impacting the SEC's case. The win wasn’output:s a turning point not just for Ripple but for the entire crypto industry.
有趣的是,没有提到托雷斯法官在连锁诉讼中的判决。 2023年7月,托雷斯法官裁定,XRP“不一定是其表面上的安全性”,影响了SEC的案件。胜利不是:SA转折点不仅用于波纹,而且是整个加密货币行业的转折点。
Earlier this year, Judge Failla granted the SEC's motion for interlocutory appeal of Judgeynsider's order in the Coinbase case.
今年早些时候,法官法官批准了SEC在Coinbase案中裁判命令的中间上诉的动议。
In February, a federal court in New York ruled that the SEC can proceed with its lawsuit against Coinbase, rejecting the crypto exchange's bid to have the case dismissed.
2月,纽约的联邦法院裁定,SEC可以针对Coinbase进行诉讼,拒绝加密交易所的申诉驳回该案。
The SEC sued Coinbase in December 2022 for allegedly operating as an unregistered exchange, broker, and clearing agency and failing to adequately register any of the securities offered on its platform.
SEC于2022年12月起诉Coinbase,据称是作为未注册的交易所,经纪人和清算机构运营的,未能充分注册其平台上提供的任何证券。
Among the issues raised by the SEC was the lack of screening of the digital assets listed on Coinbase's exchange to determine whether they should be registered as securities. This omission was deemed crucial, especially given the potential for substantial losses to investors if their risky investments were not adequately screened.
SEC提出的问题之一是缺乏对Coinbase交换上列出的数字资产的筛查,以确定是否应注册为证券。这种遗漏被认为是至关重要的,尤其是考虑到投资者的风险投资未得到充分筛查,可能会给投资者造成巨大损失。
However, the SEC later dropped the case after securing the right to appeal part of a ruling by Judge Failla.
但是,SEC后来在法官法官提出上诉一项裁决的权利后,撤销了该案。
The agency's decision to withdraw the case came following Judge Failla's ruling granting the SEC's motion for interlocutory appeal of his prior order.
该机构决定撤回此案的决定是在法拉利法官的裁决批准了SEC提出其先前命令中间上诉的动议的裁决之后。
In April, Judge Failla had largely sided with Coinbase in a ruling that limited the SEC's ability to pursue its lawsuit against the crypto exchange.
四月份,法拉拉法官在很大程度上支持Coinbase,该裁决限制了SEC对加密交易所提起诉讼的能力。
Among other things, Judge Failla ruled that the SEC had waited too long to sue Coinbase over allegedly offering unregistered securities.
法官法官裁定,SEC等了太久以至于涉嫌提供未注册证券的情况下起诉Coinbase。
In May, Judge Failla granted the SEC's motion for an interlocutory appeal of that decision, allowing the agency to immediately appeal part of his prior ruling to a higher court.
5月,法拉拉法官批准了SEC对该决定的中间上诉的动议,允许该机构立即将其先前裁决的部分提出上诉给高等法院。
Following Judge Failla’s order granting the SEC's motion for interlocutory appeal, the regulator decided to drop the case.
根据法拉(Failla)法官的命令批准了SEC提出的中间上诉动议,监管机构决定撤销此案。
The SEC had argued that the case should go to trial in October 2023, but Judge Failla ruled that the case should be dismissed.
SEC辩称该案应在2023年10月进行审判,但法拉拉法官裁定该案应被驳回。
In its lawsuit against Coinbase, the SEC claimed that the crypto exchange had failed to register with the agency despite offering securities on its exchange since 2019.
SEC在针对Coinbase的诉讼中声称,尽管自2019年以来提供了证券,但加密货币交易所仍未向该机构注册。
The SEC also alleged that Coinbase had failed to comply with any of the SEC's rules and regulations for registering securities.
美国证券交易委员会还声称,Coinbase未能遵守SEC注册证券的任何规则和规定。
Coinbase argued that it had no obligation to register any of the digital assets listed on its exchange and that the SEC's lawsuit was an attempt to expand its regulatory authority beyond the limits set by Congress.
Coinbase认为,它没有义务注册其交易所上列出的任何数字资产,而SEC的诉讼则是试图将其监管权限扩大到国会设定的限制之外。
Coinbase also argued that the SEC had not adequately explained why it was pivoting to sue Coinbase after previously stating that it would focus on educating crypto firms about U.S. securities laws.
Coinbase还认为,SEC尚未充分解释为什么它在先前指出,它将重点介绍将加密货币公司介绍有关美国证券法的教育。
Earlier this year, former SEC Chair Gary Gensler said that several crypto firms had approached the agency seeking guidance on how to register their offerings, but the agency had not yet engaged in any such discussions.
今年早些时候,前美国证券交易委员会主席Gary Gensler表示,几家加密货币公司已向该机构寻求有关如何注册其产品的指导,但该机构尚未进行任何此类讨论。
In February, the SEC announced that it was opening the door for limited discussions with crypto firms about registering their offerings.
2月,SEC宣布将为与加密货币公司有关注册产品的有限讨论开辟大门。
The agency said it would consider applications for "no action letters," which would provide firms with an indication that the SEC staff would not recommend enforcement action if a firm’s offering met the
该机构表示,它将考虑“无行动信”的申请,这将为公司提供迹象表明,如果公司的奉献达到了,SEC工作人员将不建议执法行动
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