Coinbase Legal Action Released Adds to Tensions with the SEC Lawsuit
Key Points:
The cryptocurrency exchange filed lawsuits in Washington, D.C., district court, accusing both agencies of failing to comply with Freedom of Information Act (FOIA) requests. Coinbase legal action is seeking court intervention to compel the agencies to release internal records related to their approaches to crypto regulation.
The lawsuits, filed Thursday, aim to obtain documents to expose what Coinbase describes as a “deliberate and concerted effort by the SEC, FDIC, and other financial regulators” to restrict crypto firms’ access to the federal banking system.
Coinbase legal action follows its attempts to retrieve information via FOIA about three SEC investigations into crypto firms and entrepreneurs between 2018 and 2024, including a recently closed probe into the Ethereum blockchain network. Coinbase also requested details on “pause letters” sent by the FDIC from March 2022 to May 2023, instructing banks to halt crypto-related activities until further guidance was provided on associated risks.
Despite being legally entitled to the information, Coinbase says it was denied access by both the SEC and FDIC. In 2023, Coinbase hired consultancy firm History Associates Incorporated to assist in obtaining these records. History Associates is now suing the agencies on Coinbase’s behalf after both requests were denied.
The SEC initially claimed it couldn’t locate any information responsive to Coinbase’s request for documents on Ethereum and ETH status but later cited exemption rules after an appeal by History Associates. Similarly, the FDIC denied the FOIA request for “pause letters,” which was confirmed by its Office of Inspector General.
Coinbase legal actions with the SEC include a lawsuit for rulemaking denial in 2022 and an ongoing case for alleged securities violations. Coinbase argues that the SEC’s and FDIC’s refusals to release documents violate FOIA obligations and seeks court orders to enforce disclosure.
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