1
The case has been strengthened by a more precise definition of an “investment contract.”
2
The sale of assets on exchanges does not align with the criteria of the Howey Test.
3
Claims related to staking and brokerage also appear to have vulnerabilities that can be addressed.
Leading litigation analyst Elliott Stein of Bloomberg believes cryptocurrency exchange Coinbase has a 70% probability of prevailing in its legal battle against the Securities and Exchange Commission. He sees several strong arguments from Coinbase around the definition of an investment contract and the applicability of the Howey Test.
More Precise “Investment Contract” Definition
Much of Stein’s confidence stems from Coinbase likely having a more precise explanation of what constitutes an “investment contract” compared to the SEC. The exchange’s definition specifies the need for an investment into an underlying business, beyond just an ecosystem,
We współpracy z: https://www.thecoinrepublic.com/2024/01/22/coinbase-sec-lawsuit-bloomberg-analyst-breaks-down-winning-odds/
