Coinbase’s Legal Experts Challenge Courts Decision on Secondary Market Crypto Trading

• A federal judge’s default judgment in favor of the SEC reaffirming the commission’s regulatory authority over secondary-market transactions involving digital assets.
• Despite the judge’s ruling in favor of the SEC, legal experts emphasize the potential weaknesses inherent in default judgments, particularly regarding the absence of an active defense.

A federal judge issued a default judgment, ruling that secondary-market transactions for specific cryptocurrencies breached securities law. Notably, the defendant failed to appear, and no amicus briefs were filed to contest the Securities and Exchange Commission’s motion for a default ruling.

Judge Tana Lin, of the U.S. District Court for the Western District of Washington, determined last Friday that Sameer Ramani infringed federal securities law by leveraging insider information to trade cryptocurrencies slated for listing on Coinbase. A federal judge determined that Ramani engaged in securities trading using insider information, having been acquainted with a former Coinbase employee, as reported by Crypto News Flash.

The origins of the case trace back to 2022, when the Department of Justice accused former Coinbase product manager Ishan Wahi, along with his brother Nikhil and Ramani, of wire fraud and insider trading. Ishan Wahi allegedly disclosed information regarding Coinbase’s forthcoming asset listings to his brother and Ramani, who subsequently traded on those assets.

The Wahis admitted guilt to DOJ charges and resolved the SEC charges. Last Friday, the SEC succeeded in its motion for default judgment against Ramani, the third and last defendant in the case, who failed to appear and contest the charges.

This ruling carries potential ramifications for the SEC’s ongoing cases involving crypto exchanges such as Coinbase, Binance/Binance.US, and Kraken. While a default judgment may hold less precedential weight than a ruling following a bench trial or hearings where parties present their cases, it remains a decision by a federal judge. Moreover, it occurs within the same circuit as other significant crypto-related cases.

SEC Victory in Insider Trading Case Sets New Precedence

In a significant legal development, a judge has ruled in favor of the SEC in a case involving allegations of insider trading. The ruling, issued by Judge Lin, affirmed that the SEC successfully demonstrated, under the assumption of the allegations’ truthfulness, that the defendant, Ramani, engaged in insider trading through the purchase and sale of securities.

Judge Lin’s decision was based on a thorough analysis of the SEC’s complaint, which aligned with the criteria outlined in the Howey Test, a landmark Supreme Court case used to determine whether an asset qualifies as a security. Notably, the judge referenced previous SEC cases against LBRY and Terraform Labs to support her analysis.

While Ramani did not personally appear in court, Judge Lin referenced his co-defendants, Ishan and Nikhil Wahi, who faced charges in a parallel criminal proceeding. She highlighted that Ramani’s co-defendants had largely admitted to the allegations by pleading guilty in the criminal case, as reported by Crypto News Flash.

Crucially, Judge Lin emphasized that her analysis extended to secondary-market sales, shedding light on the broader implications of the ruling. The SEC wasted no time in leveraging the judgment, submitting it as supplemental authority in ongoing cases against major cryptocurrency exchanges Binance.US and Coinbase. Of particular significance was the court’s affirmation that transactions involving crypto assets in secondary markets could indeed constitute securities transactions.

In response to the ruling, an SEC spokesperson expressed satisfaction, affirming the commission’s stance on cryptocurrency transactions in secondary markets as transactions in securities. This ruling sets a significant precedent for future cases involving cryptocurrency securities and underscores the SEC’s ongoing efforts to regulate the burgeoning crypto market.

Coinbase Challenges SEC’s Default Judgment in Legal Battle

In a legal maneuver, attorneys representing Coinbase have challenged the Securities and Exchange Commission’s (SEC) reliance on a default judgment ruling. They argue that none of the amicus parties, who previously submitted briefs in the case, opposed the SEC’s motion for default judgment.

Gary DeWaal, senior counsel at Katten Muchin Rosen, LLP, one of the law firms representing Binance.US in a similar SEC suit, highlighted that Judge Lin had not received input from the defendant’s side regarding this matter. Despite the judge’s potential review of the amicus briefs, DeWaal emphasized that the absence of an involved party weakens the argument.

“The judge probably reviewed [those], but it’s not as strong as actually having a party of interest,” stated DeWaal. He noted that the judge did not have the opportunity to hear from the defendant, who neither mounted a defense nor appeared in court and is suspected to have fled the country.