Consensys head of litigation Laura Brookover mentioned the corporate would proceed to sue the SEC because the “battle” for regulatory readability is “removed from over.”
In a June 21 interview with CNBC, Brookover mentioned that regardless of ending the Ethereum 2.0 investigation, the SEC didn’t present any regulatory readability concerning Ethereum’s classification. She added that the agency will proceed to combat for extra readability round digital property.
Brookover additionally mentioned that two SEC investigations stay underway to find out whether or not Consensys violated securities legal guidelines by way of the swap and staking options of its MetaMask pockets.
The regulator beforehand despatched a Wells discover to Consensys over each points, indicating that it intends to take enforcement motion on each issues.
Brookover mentioned:
“Our present plans are … to proceed combating in order that we are able to get the aid that we introduced the lawsuit to hunt.”
Consensys goals to acquire a declaration that the 2 MetaMask options don’t violate securities regulation, as beforehand indicated in its April lawsuit.
Conclusion of first case not sufficient
The SEC ended one investigation by way of a June 18 letter. Brookover mentioned the primary investigation “actually targeted on the Ethereum protocol itself” and whether or not ETH is a safety asset, together with Ethereum 2.0, the merge, and the community’s transition to staking.
Brookover mentioned the SEC’s letter concerning the finish of the probe solely confirms that the company will chorus from charging the agency and doesn’t present any of the readability Consensys sought by way of its authorized case.
Brookover mentioned:
“It disclaimed us drawing any conclusion from it, resembling … that [the SEC] discovered that Ether was a commodity and never a safety.”
She mentioned the top of the investigation “doesn’t go far sufficient” in offering transparency on why the company ended the investigation. It’s also unclear how the event is related to a number of different investigations and enforcement actions that the SEC has underway.
Brookover speculated that “mounting stress” from Congress and different trade members prompted the SEC to finish its investigation however mentioned the SEC had not offered a proof.
She additionally advised that the SEC’s approval of spot Ethereum ETF rule modifications on Might 23 is “half and parcel of no matter is happening contained in the company” concerning its stance on ETH.
Brookover condemned the SEC’s total stance, stating:
“Regulation by enforcement is totally backwards. There must be readability in order that firms … can know for certain whether or not what they’re partaking in is suitable underneath the regulation …”
She mentioned firms should presently anticipate oral arguments throughout enforcement actions to be taught the SEC’s stance. She known as the method “no method to regulate” the crypto sector and urged the SEC to take a extra collaborative method with the trade.
