This is Eric Golden and my guest today is Scott Johnsson. 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 complaint against Binance and Coinbase and why Scott thinks most tokens are not a security. We also talk about how this might play out, the limits of the SEC’s powers, and why the industry should 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
For the full show notes, transcript, and links to the best content to learn more, check out the episode page here.
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Show Notes
(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
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