Crypto.com receives Wells Notice from the SEC, fires back with lawsuit

Cryptocurrency exchange Crypto.com has taken a major step by filing a lawsuit against the U.S. Securities and Exchange Commission (SEC) following the receipt of a Wells Notice.  

The exchange announced the legal action and stated that it was a necessary step to “protect the future of the crypto industry in the U.S.”

Crypto.com lawsuit challenges SEC’s crypto approach

The lawsuit challenges two key aspects of the SEC’s approach to crypto regulation. Firstly, it contends that the SEC has unilaterally expanded its jurisdiction beyond its limits.

Secondly, the exchange argues that the SEC has established an unlawful rule classifying trades in almost all cryptocurrencies as securities transactions. Crypto.com also pointed out that Bitcoin (BTC) and Ethereum (ETH) were exempt from this categorization.

Crypto.com’s legal team asserts that this rule was implemented without the required notice and comment period mandated by the Administrative Procedure Act.

“The agency’s application thereof is arbitrary and capricious, particularly when those crypto assets possess virtually indistinguishable characteristics from and are sold in an identical manner as BTC and ETH,” the exchange stated.

CEO Kris Marszalek issues response to the Wells Notice

Crypto.com CEO Kris Marszalek took to X to explain the company’s position. He described the lawsuit as a “warranted response to the SEC’s regulation by enforcement regime.” He claims that the SEC’s action has negatively impacted over 50 million American crypto holders.

Marszalek also revealed that Crypto.com has filed a petition with both the CFTC and SEC to clarify the categorization of crypto derivative products.

And to use all regulatory tools available to bring certainty to the industry through proper rulemaking, https://t.co/pFc4Pz9nFR has also filed a petition with the CFTC and SEC to confirm crypto derivative products categorization.

— Kris | Crypto.com (@kris) October 8, 2024

Despite the ongoing regulatory challenges, Marszalek expressed optimism about the U.S. crypto market. He stated, “For this reason, and many others, we continue to be very bullish on the U.S. crypto market and our imminent plans to expand our offerings to U.S. customers.”

The CEO highlighted that the SEC’s unauthorized overreach and unlawful crypto rulemaking must come to an end. Marszalek mentioned in his tweet thread that crypto is not itself a security, which has been made clear from recent rulings.

He added that it is not an investment contract just because of the fact that it changes hands. He also disclosed his plans to expand offerings to the U.S. customer base.