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The U.S. SEC Sues Cumberland DRW, Classifying Solana (SOL) and Polygon (POL) as Securities

Susan Sarandon
Release: 2024-10-12 00:20:10
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The U.S. Securities and Exchange Commission (SEC) has sued Cumberland DRW in a new wave of regulatory scrutiny. The agency has accused the crypto market maker of operating as an unregistered securities dealer.

The U.S. SEC Sues Cumberland DRW, Classifying Solana (SOL) and Polygon (POL) as Securities

The U.S. Securities and Exchange Commission (SEC) has included Solana (SOL) and Polygon (POL) in its list of tokens that are being classified as securities, according to a report by Blockworks on March 10.

The recent lawsuit filed by the SEC against Cumberland DRW has brought forth a discussion regarding the classification of cryptocurrencies as securities in the United States.

The lawsuit, which was filed in a New York federal court on March 8, has accused Cumberland DRW of operating as an unregistered securities dealer, a claim that the crypto market maker has strongly contested.

As part of the legal proceedings, the SEC has highlighted several communications from Cumberland, including research reports and promotional emails, that positioned these altcoins as investment opportunities.

The regulator has maintained that public statements from the founders and developers of these tokens also encouraged investors to buy them with the expectation of making profits, an aspect that ultimately brought these assets under the purview of investment contracts and federal securities laws.

The SEC's case hinges on proving that Cumberland acted as a securities dealer without completing the necessary registration process, a violation that could lead to the disgorgement of proceeds from Cumberland.

The SEC is also seeking a permanent injunction against the firm to forestall any further breaches of securities laws.

However, Cumberland has mounted a robust defense against the allegations, taking to social media to express confidence in its compliance practices and highlighting the broader need for crypto regulations.

In a recent X post, the firm asserted that its business operations remain unaffected by the lawsuit, and it will continue to provide liquidity and support to crypto markets.

The crypto firm also noted the inconsistency in crypto regulations, using Ethereum's (ETH) changing classification as an example. The SEC had previously considered digital assets an investment contract before approving the spot Ethereum ETF.

The case is part of a broader effort by the SEC to tighten control over the largely unregulated crypto industry, which has faced criticism for operating in a regulatory gray area.

The demand for these products includes registering with the SEC, ensuring transparency, and providing investor protection. But critics of the SEC's approach say labeling a wide range of crypto tokens as securities could stifle innovation and limit the growth of blockchain in the U.S.

The crypto industry has frequently called for clearer guidelines and more precise regulations, with leaders arguing that many projects focus on decentralization and may not fit neatly into the security category.

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