Coinbase has been issued a Wells notice from the Securities and Exchange Commission, which could result in the company being fined for its past dealings in cryptocurrencies. Shares of Coinbase have fallen sharply in after-hours trading following news of the notice, suggesting that investors are uneasy about the company’s future prospects.
The company is evidently facing an SEC investigation over its financial statements, with the agency’s staff “advising” them that they may file an enforcement action against the company. This news could have significant implications for Coinbase – especially if the SEC ultimately decides to take action against it.
Sun is being charged with two counts of securities fraud, one count of illegal offering and sale of securities, and one count each of wire fraud and conspiracy to commit wire fraud. The SEC alleges that Sun orchestrated a timed arrangement in which he falsely told investors that voting power would be distributed according to the number of TRX holders on the corresponding blockchain network. In reality, only a small number of insiders – who agreed to support Tron’s
Coinbase’s confident posture may be a testament to the fact that the company is right on the law, confident in the facts, and welcome the opportunity for Coinbase (and by extension the broader crypto community) to get before a court. The company is likely taking this approach in order to expedite any legal proceedings and ensure that its users are properly protected.
Armstrong’s reference to the firm’s SEC review likely bolstered investors’ trust in the company, leading to a successful IPO. Additionally, Armstrong’s mention of the firm’s staking process – which is regulated by the SEC – may have assured investors that their digital assets would be safe while held with Armstrong.
Since the time of the Coinbase Wells Notice, it has been unclear whether staking through a third-party service falls under regular securities law or must meet additional legal requirements. In light of subsequent events, such as the startup Square’s acquisition of brokerage software company Poloniex, it is likely that regulatory clarity will emerge on this issue in the near future.
The various governments around the world are still trying to come up with a clear regulatory framework for cryptocurrency and blockchain activity. Some countries, like China, have outright banned trading and investing in cryptocurrencies, while others are taking a more relaxed stance, allowing limited clinical use of cryptos as a means of transacting and funding transactions. Meanwhile, other countries like Switzerland continue to be one of the most lenient jurisdictions in regards to cryptocurrency regulation.
In the hours following its most recent earnings report, Coinbase become one of the worst performing stocks on the market. The cost of BCEO, Coinbase’s own token, surged by 13.8% after trading stopped. The company’s stock had been shedding value ever since previous reports showed disappointing performance in terms of user growth and new customer acquisition rates.