Crypto Conundrum: Coinbase vs. SEC - A Deep Dive with Matt Stankiewicz

The complex relationship between digital currencies and global financial regulations is highlighted yet again with the SEC’s recent crack down on major crypto exchanges Binance and Coinbase. Michael Volkov welcomes Matt Stankiewicz, also known as Crypto Max, to share his insight on these ongoing cases. He discusses the implications these enforcement actions might have on the industry, the securities law-related legal issues, and the internal mechanics of these exchanges.

Matt Stankiewicz is a Managing Counsel at The Volkov Law Group. His expertise includes financial regulation and compliance, with a focus on securities, anti-money laundering (AML), and cryptocurrency regulation. Given his professional background and interest in crypto regulations, he is a frequent speaker on legal matters concerning cryptocurrency exchanges and the SEC.

You’ll hear Michael and Matt discuss:

• The SEC's enforcement actions hinge on their assertion that Binance was serving US customers without the proper registration, thereby violating securities laws. They allege that Binance knowingly allowed and even encouraged US customers to utilize their offshore platform, enhancing their profits and trading volumes but breaching US regulations in the process.
• Rather than directly challenging the status of specific tokens, the SEC is targeting exchanges like Binance and Coinbase. By regulating these exchanges, the SEC could effectively control the access points to the crypto industry, thus having a broader impact.
• Binance is preparing for a legal fight with the SEC over these compliance issues, including allegations of wash trading to artificially inflate trading volume. The platform's potential troubles are linked to similar issues faced by FTX and their trading arm, Alimator Research.
• Given the recent pattern of the SEC bringing complaints without the DOJ pursuing criminal cases, it’s unlikely that the DOJ will bring a criminal case against Binance. 
• Coinbase's IPO was approved by the SEC despite allegations that the company had engaged in illegal activities related to the trading of unregistered securities. The SEC argues that the approval of an IPO doesn't guarantee the legality of the company's underlying operations, but this could be seen as contradictory to the SEC's stated role of protecting investors.
• Coinbase, in attempting to comply with securities regulations and being continuously rebuffed by the SEC, is the most compliant cryptocurrency exchange. However, should the SEC crack down on Coinbase and other major U.S. exchanges, it could push investors to offshore exchanges where the SEC has limited jurisdiction and where there is a higher risk of fraud. 

KEY QUOTES

“The SEC is taking obvious actions to show that they are very aggressive in their enforcement actions.” - Matt Stankiewicz

“This is a perfect reminder for everyone listening, whether you're into crypto or not. If you are working internally with your email or you're in [a] corporate chat, that can all be discoverable in future litigation. And you need to be careful what you say.” - Matt Staniewicz

“It is a very poor look in the court of public opinion for the SEC to stand on the ground of saying, ‘We are here to protect investors,’ but [avoid] stopping this before investors have a chance to throw all their money in that IPO.” - Matt Stankiewicz

Resources

Matt Stankiewicz on LinkedIn