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SEC Challenges Coinbase’s Appeal Tactics in Ongoing Securities Lawsuit

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In a recent legal maneuver, the SEC has voiced strong opposition to Coinbase’s appeal for an interlocutory review in the midst of their ongoing legal battle, a move that further escalates the tension between the regulatory body and the cryptocurrency exchange. The core of this dispute lies in Coinbase’s interpretation of a critical legal question, which the SEC suggests is an attempt by the exchange to circumvent the established legal framework.

At the heart of the controversy is Coinbase’s challenge to the fundamental principles of securities regulation, specifically the Howey Test, which the SEC utilizes to determine what constitutes a security. The SEC’s filing on May 10 with the United States District Court for the Southern District of New York accused Coinbase of trying to «manipulate» the question for appeal in order to fit within the criteria of a certifiable question under 28 U.S.C. § 1292(b), a strategy the SEC deems self-defeating. The SEC’s contention is that Coinbase’s disapproval of the current securities regulatory framework and the Howey Test does not exempt the exchange from compliance, regardless of the costs or adjustments required to operate within the law.

The filing emphasizes the SEC’s view that Coinbase, having chosen its business model, cannot now lament the legal and regulatory challenges it faces, encapsulated in the metaphor: “Having made the weather, Coinbase cannot now complain that it is raining.” This statement underscores the SEC’s stance that Coinbase’s grievances stem from its own choices.

Coinbase’s attempt to seek an interlocutory appeal stemmed from a controversial argument presented on April 12, wherein the exchange posited that an investment contract cannot exist without a «post-sale obligation». The SEC disputes this claim, suggesting that Coinbase is angling this as a controlling question — a legal issue with significant implications for the case’s outcome — due to their inability to provide a clear definition of what constitutes such an «contractual undertaking.»

The regulatory body highlighted that for over eight decades, no court has mandated «contractual undertakings» post-sale as a standard for defining securities. This point underscores the agency’s argument against interlocutory review, stating that Coinbase’s proposition of a new legal test — which diverges from established legal precedents — does not justify a premature appeal certification.

Coinbase’s legal battles and its challenges to the SEC’s regulations highlight a broader struggle within the cryptocurrency industry against existing securities laws. The SEC, in March 27 court documents, reinforced its position that certain transactions on Coinbase’s platform are considered «investment contracts» and thus fall under federal securities laws. This assertion came in the context of the SEC’s lawsuit against Coinbase in June 2023 for allegedly violating federal securities laws by listing 13 tokens deemed to be securities.

This ongoing legal friction between the SEC and Coinbase raises important questions about the future regulatory environment for cryptocurrencies and digital assets. It reflects the growing pains of an industry contending with traditional regulatory frameworks that may not fully accommodate the nuances of digital currencies and assets. As this legal saga unfolds, it could set significant precedents for how cryptocurrencies are regulated and understood in the context of securities law in the United States, potentially influencing global regulatory approaches to digital assets.

The implications of this case extend beyond Coinbase and the SEC, touching on fundamental issues concerning innovation, regulation, and the balance between fostering technological advancement and ensuring investor protection within the rapidly evolving cryptocurrency sector. As regulators and the crypto industry continue to navigate these complex waters, the outcomes of such legal confrontations will likely play a critical role in shaping the future landscape of digital finance.

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Memecoins

Shiba Inu (SHIB) Surpasses Cardano (ADA) in Market Cap Following a 16% Price Jump

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In a notable development within the crypto market, Shiba Inu (SHIB), the cryptocurrency that shot to prominence on the back of the meme coin frenzy, has witnessed an impressive 16.5% surge in its value. This remarkable price rally has enabled it to leapfrog over Cardano (ADA) in terms of market capitalization, securing a coveted spot among the top ten cryptocurrencies by market cap.

Lucie, the marketing lead for Shiba Inu, couldn’t contain her excitement as she announced this significant milestone on X, formerly known as Twitter. “SHIB has flipped ADA once again today,” she stated, emphasizing the coin’s achievement. This momentous event underscores a shifting landscape in the crypto market, where meme coins are not only gaining serious traction but also challenging well-established digital assets in the rankings.

As per the latest figures, Shiba Inu’s market capitalization is approximately $16.8 billion, slightly edging out Cardano’s market cap, which is about $16.5 billion. This increase in SHIB’s market value is attributed to several factors, including a surge in investor interest, strategic partnerships, and recent advancements in its technology.

Lucie also highlighted a perfect technical analysis score of 100 for SHIB, showcasing a strong bullish sentiment towards the coin’s future price movement. A video shared by the marketing lead further illustrates this optimism, predicting a very bullish trajectory for SHIB’s price. This perfect score and positive outlook suggest that Shiba Inu might be on the brink of further growth, fueled by robust market sentiment and solid technical indicators.

This is not the first time Shiba Inu has surpassed Cardano. During the rally in March 2024, SHIB had previously overtaken ADA but lost its position due to a bearish trend that negatively impacted its price. Nonetheless, this recent surge has allowed Shiba Inu to reclaim its status and make up for the earlier losses.

On the trading front, Shiba Inu’s price has soared, surpassing the $0.000028 mark, a significant breakout from the previous resistance level of $0.000025. This upward momentum indicates that SHIB might soon hit the next target price of $0.00003, marking a significant milestone for the coin. Moreover, the trading volume for SHIB has seen a substantial increase, with a 96.7% spike to $1.95 billion in the last 24 hours. This heightened trading activity, coupled with $1.05 million in liquidated short positions as reported by Coinglass, suggests a growing optimism among investors.

The recent surge in SHIB’s price, along with the increase in its futures open interest by 32.7% to $120.8 million, points towards a renewed interest among derivatives traders and suggests that Shiba Inu may continue to see positive traction in the market. However, with this increased buying pressure, there’s also a heightened risk of a potential price dump. Investors are advised to exercise caution and conduct thorough market research before making any investment decisions in this volatile market environment.

The recent achievements of Shiba Inu not only highlight the growing influence of meme coins in the broader crypto ecosystem but also indicate shifting investor sentiments towards these types of digital assets. As SHIB continues to challenge traditional cryptos in the market cap rankings, it will be interesting to see how it and other meme coins evolve and solidify their positions in the constantly changing landscape of the cryptocurrency market.

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Bitcoin

El Salvador Collaborates with ARK Invest’s Cathie Wood to Propel Bitcoin-Driven Economic Growth

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In an ambitious move that may redefine the contours of capital markets within Central America, El Salvador’s President Nayib Bukele has entered into a strategic collaboration with Cathie Wood, the renowned CEO of ARK Invest. Their partnership seeks to tap into the burgeoning potential of bitcoin (btc) to foster economic growth, technological innovation, and bolster the Salvadoran capital markets. This development is a testament to El Salvador’s assertive push towards integrating blockchain and cryptocurrency technologies into its economic structure, setting a precedent likely to attract keen interest from global investors.

Bukele and Wood’s alliance is rooted in a shared belief in the transformative power of Bitcoin, envisioning it as a catalyst for creating novel avenues for capital mobilization and fostering innovation. Their concerted efforts align with El Salvador’s broader commitment to pioneering the adoption of cryptocurrency, marking the country as a global trailblazer in this domain. The integration of Bitcoin into Salvadoran economy is anticipated not only to strengthen its financial ecosystem but also to herald a new era of digital financial solutions that transcend traditional borders.

The significance of this partnership expands beyond national frontiers, potentially positioning El Salvador as a lighthouse for global investments in blockchain and cryptocurrency sectors. By leveraging Bitcoin’s unique attributes, Bukele and Wood aim to revolutionize the financial landscape of El Salvador, promising a future where digital currencies play a central role in economic development. This bold move could pave the way for El Salvador to become a hub of fintech innovation, benefiting from the decentralized, borderless nature of cryptocurrencies.

Salvadoran strides in adopting Bitcoin have already resonated across the Latin American region, sparking dialogues on cryptocurrency strategies with neighboring countries such as Argentina. The National Securities Commission (CNV) of Argentina has expressed keen interest in learning from El Salvador’s regulatory framework for cryptocurrencies, highlighting the importance of regional collaboration in navigating the complex domain of digital currencies.

In addition, El Salvador’s partnership with iFinex, the parent company of Bitfinex, underscores the country’s dedication to establishing a solid foundation for digital assets. This collaboration focuses on creating favorable conditions for the growth of cryptocurrency exchanges and digital financial instruments within the Salvadoran economy. The pioneering issue of the “Volcano Bond,” a Bitcoin-backed financial instrument aimed at raising approximately $6.35 million for infrastructure projects like the construction of a new Hilton Hampton Hotel, signifies the innovative approach El Salvador is taking towards integrating cryptocurrency into large-scale funding endeavors.

Furthermore, initiatives such as the introduction of the world’s first “Volcano Bond” underscore El Salvador’s commitment to leveraging the economic potential of Bitcoin and other digital assets. Such innovative financial instruments highlight the potential of cryptocurrencies to offer viable solutions for funding critical national development projects, showcasing the practical benefits of blockchain technology in real-world applications.

As El Salvador continues on its path to becoming a global frontrunner in the adoption and integration of Bitcoin, the international community watches keenly. The partnership between Bukele and Wood could not only redefine the Salvadoran economy but also set a precedent for how countries can harness the power of digital currencies to catalyze economic development and innovation. The collaboration between these two influential figures might very well be a watershed moment for El Salvador and for the future of global financial systems in the era of blockchain technology.

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Ethereum

Agora Unveils Game-Changing AUSD Stablecoin 3.0 on Ethereum, Led by Nick van Eck

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In a bold stride toward redefining the future of digital currencies, Nick van Eck, CEO of Agora and progeny of the renowned asset management leviathan VanEck, is slated to unveil the US dollar-pegged stablecoin AUSD on the ethereum blockchain network in June. This ambitious venture not only marks a significant leap for the cryptocurrency space but heralds the dawn of what Agora is dubbing ‘Stablecoin 3.0’, a new epoch aimed at overhauling the digital dollar landscape.

The introduction of Stablecoin 3.0 by Agora is expected to usher in a sea of changes in the way digital dollars are perceived and utilized across the globe. With a laser focus on conquering the Eurodollar market initially, Agora envisions a world where digital currencies become the principal medium of exchange. Nick van Eck, in a comprehensive blog post, predicts an astronomical growth in the stablecoin market, forecasting an expansion from $140 billion to an impressive $3.1 trillion by 2030. This prediction not only underscores the potential of stablecoins but also highlights the ambitious roadmap laid out by Agora for AUSD.

Tracing the evolution of stablecoins reveals a gradual but significant transformation. The journey began with Stablecoin 1.0, epitomized by Tether (USDT), which introduced the concept of centralized digital dollars. This was succeeded by the era of Stablecoin 2.0, characterized by entities such as USDC and BUSD. These versions brought to the table enhanced transparency and were backed by licensing agreements, yet they continued to operate under a single-partner distribution model. This model, while beneficial in certain aspects, has been critiqued for potential conflicts of interest, especially as substantial economic gains were often concentrated among major players.

Moreover, the rise of interest rates provided a fillip to stablecoin issuers during the 2.0 era, but the advent of yield-bearing stablecoins introduced a host of challenges. Regulatory bodies in several jurisdictions have begun to view these products more as securities than as mediums of exchange, thus hampering their acceptance, utility, and liquidity. The sustainable generation of business and the development of a viable ecosystem for these stablecoins have also been points of contention, primarily owing to the limitations imposed by slender profit margins.

Agora’s AUSD, representing the next wave – Stablecoin 3.0, is designed to navigate these challenges by fundamentally changing the incentive structure. It aims to reward businesses for their indispensable role in driving utility and liquidity. By compensating entities for listing tokens, providing liquidity, accepting AUSD as payment, and engaging in marketing activities, Agora seeks to establish a mutually beneficial relationship that not only aligns economic interests but also encourages growth and promotes enhanced services for users.

In a significant departure from previous models, Agora’s unique approach does not directly offer yield or income to individual holders of AUSD. Instead, it focuses on rewarding businesses that contribute to the ecosystem’s growth. Moreover, to ensure the stability and trustworthiness of AUSD, it will be fully collateralized by cash, US Treasury bills, and overnight repurchase agreements, with VanEck overseeing the management of Agora’s reserves.

This innovative venture has already garnered substantial support, evidenced by a successful $13 million seed funding round in April. The round saw participation from key industry players including Dragonfly, a reputable digital-asset venture firm, along with General Catalyst and Robot Ventures. This financial backing not only attests to the potential of Agora’s novel stablecoin but also signals strong confidence in the future of Stablecoin 3.0.

Agora’s pioneering approach promises to redefine the landscape of digital currencies, catalyzing a shift towards a more equitable and sustainable ecosystem. By introducing a model that aligns with the interests of businesses and fosters cooperation rather than competition, Agora is setting the stage for a revolutionary advancement in the world of stablecoins. As the June launch of AUSD on the Ethereum network draws near, the anticipation among enthusiasts and investors alike heralds a new chapter in the evolution of digital dollars, potentially transforming the global financial landscape in the coming decade.

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