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MainNewsCourt Critiq...

Court Critiques SEC’s Approach to Crypto Regulation: Gemini CLO


Feb, 11, 2025
3 min read
by Hongji Feng
for Cryptonews
Court Critiques SEC’s Approach to Crypto Regulation: Gemini CLO

The U.S. Court of Appeals questioned the Securities and Exchange Commission’s (SEC) regulatory approach to cryptocurrencies on January 13, revealing major legal and procedural issues in the industry.

In a series of social media posts, Gemini Chief Legal Officer, Tyler Meade referenced the case Coinbase Inc. v. SEC, where the court criticized the agency for its terse denial of Coinbase’s request for clearer digital asset regulations.

Judicial Scrutiny of Crypto Enforcement Strategies

According to Meade, Judge Stephanos Bibas of the Third Circuit pinpointed the SEC’s decision as arbitrary and capricious, noting the agency’s failure to provide a comprehensive rationale for its denial of Coinbase’s petition.

“The SEC denied Coinbase’s rulemaking petition. In a single paragraph, it explained that it disagreed with the petition’s concerns; that it had higher-priority agenda items—namely, everything else it was doing,” the ruling states.

In his concurring opinion, Judge Bibas raised concerns about due process, noting the SEC’s enforcement strategy lacked transparency and failed to offer crypto companies clear compliance guidelines.

“The SEC repeatedly sues crypto companies for not complying with the law, yet it will not tell them how to comply. That caginess creates a serious constitutional problem; due process guarantees fair notice,” he wrote in the Third Circuit Court of Appeals decision.

“The SEC has sidestepped the rulemaking process by pursuing a de facto ban through enforcement instead,” wrote Judge Bibas.

“One might wonder if an agency whose mission is maintaining fair, orderly, and efficient markets is authorized to ban an emerging technology,” he added.

The SEC and Binance have jointly requested a 60-day pause in their ongoing legal proceedings.

Filed on February 10, the motion presented to the U.S. District Court for the District of Columbia suggested that the recently formed Crypto Task Force’s review could facilitate a potential resolution of the case.

Throughout this 60-day period, all legal actions will be suspended, meaning no new filings or motions will be introduced.

This pause is intended to allow the task force to conduct its review without the complications of ongoing litigation.

The ongoing legal debate and reevaluation of regulatory tactics may signal a turning point for the cryptocurrency sector.

The court’s criticism of the SEC’s enforcement methods—along with the new 60-day legal hold and task force review—could prompt a shift toward clearer compliance protocols.

As these processes evolve, investors and industry insiders might reflect on how adjusted risk management strategies and operational frameworks in digital asset trading will shape the market’s future.

The post Court Critiques SEC’s Approach to Crypto Regulation: Gemini CLO appeared first on Cryptonews.

Read the article at Cryptonews

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Pantera Capital’s Dan Morehead Says He’s ‘So Bullish’ on Crypto Amid Regulatory Overhaul – Here’s His Forecast


Feb, 11, 2025
3 min read
by Daily Hodl Staff
for The Daily Hodl

The CEO of investment firm Pantera Capital says he is more bullish than ever on crypto due to the shift in the regulatory environment.

At the 2025 Ondo Finance Summit in New York, Dan Morehead says that lack of regularity clarity on digital assets in the United States has held the crypto market back, but he thinks there’s now potential for massive growth.

He anticipates the US will start rolling out clearer regulations that will be bullish for digital assets due to the election of not only pro-crypto President Trump but also pro-crypto members of Congress.

“We’ve been so repressed by the fear of regulation or the lack of certainty. I think everyone in our industry kind of has Stockholm syndrome right now. We’re so used to being afraid of the government and of not trying to do anything. And I’ve been on boards of big exchanges, and it’s so scary to list anything.

The rebels just threw the gates open and there’s sun beaming in, and we’re all just still sitting there like too afraid to be excited that it’s a new era. The market’s only up 25% or something since the election. I think it should have doubled. So I’m so bullish, because the regulation in the US was kind of the last scary thing or bad thing about crypto. It’s going to get more clarity. It’s going to be more positive.”

He also says that the recent election results have sent a clear message that voters are in favor of pro-crypto policies.

“The big change is there were 58 contested elections in Congress that the pro-crypto political action committees competed in. Fifty-four of the anti-crypto people left Congress. Nobody’s going to say anything bad about crypto in Congress again. And I think that is massive, and so I am as bullish as ever.”

Morehead believes the regulatory clarity will lead to greater investment and more innovation in the crypto space, starting this year.

“And I think the question of inflection points is, it was kind of scary for like a public pension plan to invest in crypto two or three years ago. You got the SEC (U.S. Securities and Exchange Commission) suing Coinbase and Ripple Labs and all these great companies. So that’s the big change, it’s going to flip from very scary, to probably really positive. And so 2025 I think is going to be one of the most interesting years.”

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Disclaimer: Opinions expressed at The Daily Hodl are not investment advice. Investors should do their due diligence before making any high-risk investments in Bitcoin, cryptocurrency or digital assets. Please be advised that your transfers and trades are at your own risk, and any losses you may incur are your responsibility. The Daily Hodl does not recommend the buying or selling of any cryptocurrencies or digital assets, nor is The Daily Hodl an investment advisor. Please note that The Daily Hodl participates in affiliate marketing.

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The post Pantera Capital’s Dan Morehead Says He’s ‘So Bullish’ on Crypto Amid Regulatory Overhaul – Here’s His Forecast appeared first on The Daily Hodl.

Read the article at The Daily Hodl

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