On March 20, Fortune reported that the SEC was investigating the Ethereum Foundation and was looking for legal ways to label ETH as a security.

Sam Enzer, partner at Cahill Gordon & Reindel, and Greg Strong, partner at DLx Law joined Laura to discuss everything about the investigation and its implications.  

The guests speculate about the hidden motivations behind the SEC's investigation and discuss the likelihood of the approval of spot Ether ETFs. They also discuss the recent ruling in the SEC vs Coinbase case, where the judge dismissed claims that Coinbase's wallet was acting as an unregistered brokerage, but allowed the rest of the suit to proceed. 

Lastly, they touch on the devastating impact on the crypto industry if the SEC were to win a case alleging ETH is a security and what they are looking out for in the next couple of weeks and months.

Show highlights:

• Whether the investigation into the Ethereum Foundation is confirmed and why the SEC would do this
• Why Sam Enzer believes that the SEC would be "utterly wrong and ridiculous" in alleging ETH is a security
• Whether the number of people working on Ethereum could make the argument that it is decentralized
• How would the SEC justify that ETH is a security and whether the Foundation is running Ethereum’s managerial efforts
• Whether the SEC is looking for evidence to deny spot ether ETFs
• Why SEC chair Gary Gensler has changed his mind on many of his previous stances regarding crypto assets and whether he's acting in good faith
• The ongoing battle between the SEC and the CFTC and the need for Congress to regulate the industry
• What the possible outcome of this investigation could be, and whether we'll have a court case soon
• What the impact would be if ETH were classified a security
• Whether Prometheum could launch its platform offering custody of ETH as a security before an SEC designation
• Why Sam believes that the spot ETH ETFs will be denied on May 23rd
• How the SEC has already made up its mind even before gathering the facts, according to Sam
• Whether the recent judgment on Coinbase's case affects the potential case against the EF
• Whether Ethereum transactions are security transactions, and the difference between primary and secondary sales
• What to expect in terms of regulation and enforcement actions in the short term, given the number of cases at the moment

Thank you to our sponsors!

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Guests:

• Sam Enzer, Partner at Cahill Gordon & Reindel
• Previous appearances on Unchained:
• How 'a Criminal Choice' Got Sam Bankman-Fried a 25-Year Prison Sentence
• Why the SEC’s Case Against Coinbase Is So Significant for Crypto
• Why SBF’s Testimony So Far Has Likely Already Doomed Him
• Another Bad Week for Sam Bankman-Fried in His Criminal Trial
• Why These Lawyers Say It’s Over for SBF-But His Only Hail Mary Is to Testify
• SBF Trial: How Sam Bankman-Fried’s Lawyers Might Try and Win His Case
• SBF’s Lawyers Could Be Annoying the Judge How Might That Impact the Trial?
• Greg Strong, partner at DLx Law
• Previous appearance on Unchained: Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify

Links

Ethereum Foundation investigation:

• Fortune: SEC probing crypto companies in Ethereum investigation as hopes for ETF dim
• CoinDesk: Ethereum Foundation Faces Inquiry From a Government; Fortune Says SEC Investigating ETH
• Unchained: Ex-CFTC Commissioner Says ETH Can Be Both a Commodity and a Security
• Unchained: SEC Investigating Ethereum Foundation Regarding Proof-of-Stake Transition: Report 

Ethereum’s security status

• Unchained: Ex-CFTC Commissioner Says ETH Can Be Both a Commodity and a Security
• Fortune: SEC’s Gensler seen telling hedge funds that Ethereum and Litecoin are ‘not securities’ in 2018 video
• CNBC: 
• SEC Chair Gary Gensler on potential Crypto regulation: It's within the securities laws
• SEC Chair Gary Gensler discusses potential crypto regulation and stablecoins

For more details and links, visit Unchained

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