Paul Grewal, Coinbase’s Chief Legal Officer raised red flags over the Federal Deposit Insurance Corporation’s (FDIC) handling of Freedom of Information Act (FOIA) requests. This debate over the agency’s accountability has taken center stage in the digital assets industry.
This comes in when Judge Katherine Failla granted Coinbase an interlocutory appeal against the US SEC. Meanwhile, FDIC Vice Chair Travis Hill had also criticized past federal actions that limited banks’ involvement in crypto. He calls for an end to restrictive practices like “Operation Chokepoint.”
Coinbase challenges FDIC
In an X post, Grewal stated that the FDIC’s response to Coinbase’s FOIA requests had raised more questions than answers. He asked the agency to explain its public report about why it does not run complete text searches of all documents within its Regional Automated Document Distribution (RADD) database.
He added that documents from tools like Microsoft Teams were also excluded from FOIA responses which limited the disclosed data. Grewal highlighted FDIC guidelines that classify documents as “deliberative” or “attorney-client privileged.” Coinbase claims that this move restricts disclosure as more than 150 potentially related documents were allegedly omitted.
Coinbase’s CLO pointed out that these practices raise critical concerns about transparency in regulatory processes. The crypto industry must push for clearer rules and fair oversight. He stated, “This will not stand.”
Their response so far? “Given the expansion of your requests we will take time necessary to consider your communication and respond.”
This will not stand. 3/3
— paulgrewal.eth (@iampaulgrewal) January 11, 2025
Judge Katherine Failla has granted Coinbase an interlocutory appeal. This allows the crypto exchange to challenge the SEC’s claims at the Second Circuit Court of Appeals. It implies that the exchange can contest the commission’s accusations of running an unregistered exchange and broker-dealer, as well as selling unregistered securities through its staking program. The district court case is now on hold.
Coinbase and the SEC have been locked in an intense legal battle where the agency argues that the exchange is violating federal securities laws. It mentions that the Securities Exchange Act of 1934 and the Securities Act of 1933 were infringed.
Earlier, Judge Failla issued a mixed ruling which didn’t fully dismiss the SEC’s claims but also did not entirely accept Coinbase’s defenses. However, the interlocutory appeal is a chance for Coinbase to present its case to a higher court.
FDIC Vice Chair advocates for crypto
Travis Hill, FDIC Vice Chair, in a fresh speech, highlighted how actions like “pause letters” had impacted innovation and created a perception that regulators were blocking such developments. He stated that FDIC sent “pause” letters to more than twenty banks instructing them to refrain from “all crypto-related activity.”
Hill highlighted the need for a balanced approach where banks are allowed to evolve while managing risks prudently. He is expected to serve as acting chair of the FDIC moving forward, a development the crypto industry would consider a green flag.
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Source: https://www.cryptopolitan.com/coinbase-clo-condemns-fdic-foia-handling/