Episode 74 The SEC vs Coinbase and Binance

Episode 74: The SEC vs Coinbase and Binance

Episode 74

The SEC vs Coinbase and Binance

Scott Johnson is a finance lawyer and the GP at VB Capital. We dive into the nuts and bolts of the SEC's case against Coinbase and Binance, why most Crypto tokens are not securities, and why the industry should flex its political muscle.

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(00:02:10) - (First question) - Changes in SEC's approach to crypto compared to traditional finance

(00:07:06) - SEC's complaint against Binance

(00:10:28) - Binance's case highlights the importance of securities trading registration

(00:12:30) - Inflexible registration requirement of the SEC hinders innovation in crypto

(00:14:31) - Coinbase case exposes SEC's contrasting approach and Coinbase's good-faith

(00:16:49) - Why the timing of Coinbase's testimony is significant

(00:19:26) - Potential impact of finding one token as a security among a group

(00:21:23) - The role of burn mechanisms, presales, and primary/secondary transactions

(00:28:00) - Analogy of trading cards in a securities transaction

(00:32:58) - Equity and token ownership do not necessarily classify tokens as securities

(00:35:38) - Staking and earn programs blur the line between service and investment

(00:38:07) - Years-long litigation expected between SEC and major crypto companies

(00:40:46) - SEC faces pressure as internal court cases weaken its position

(00:47:58) - Politics shapes crypto regulation, narrative building influences policy and elections

(00:53:31) - Democrats' anti-crypto stance protects banks but alienates pro-crypto voters

(00:57:19) - What legal or regulatory resolution he is most excited to see over the next six months and six years

The SEC vs Coinbase and Binance

Introduction

Eric
This is Eric Golden. And my guest today is Scott Johnson. Last week, the SEC declared war on crypto by formally filing charges against Coinbase and Binance. Scott's background as a finance lawyer and investor make him the ideal guest to unpack this.

We go deep into the weeds on this one, talking about the SEC's complaints against Binance and Coinbase and why Scott thinks many tokens are in fact not securities. We also talk about how this might play out, the limits of the SEC's power and why the industry will flex its political muscles in light of this existential threat. This is an important discussion at a critical time for the industry. I hope you enjoy my conversation with Scott Johnson.

Crypto's Relationship with the SEC

Eric
So Scott, in my time at Fidelity and on Wall Street, when the SEC sent a Wells Notice, it's an organization that people were deeply frightened about. Whatever the SEC complained about was enough to cause a change in the market. And typically, what would happen is there would either be a settlement or fines paid. Usually you'd admit the wrongdoing, and they were to shape the industry.

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