SEC Goes After Kraken, Sues Crypto Exchange for Failing to Register

San Francisco-based cryptocurrency exchange, Kraken, is facing legal action from the US Securities and Exchange Commission (SEC) for allegedly operating as an unregistered securities exchange.

The lawsuit, filed in a San Francisco federal court, is part of SEC Chair Gary Gensler’s initiative to assert regulatory control over the cryptocurrency market. The SEC contends that digital assets, including those traded on Kraken, fall under federal securities laws.

Kraken, one of the world’s largest cryptocurrency exchanges with over 10 million clients, plans to vigorously defend itself. The exchange argues that the regulation of cryptocurrency exchanges should be determined by Congress and rejects the SEC’s interpretation of digital assets as legally flawed, factually inaccurate, and detrimental as a policy.

Selkirk Copper Mines — sponsored Sponsored · Selkirk Copper Mines

Co-founder Jesse Powell has called SEC’s move an “assault on America,” and claimed that the $30 million Kraken levied in February only bought them 10 months “before the SEC comes around to extort you again.”

The SEC alleges that since 2018, Kraken, operating as Payward Inc and Payward Ventures Inc, neglected securities laws, generating hundreds of millions of dollars from crypto transactions while disregarding investor protection regulations. 

The SEC further accuses Kraken of deficient internal controls and inadequate record-keeping, including commingling customer funds with its own and using customer accounts for operating costs.

Kraken, founded in 2011 and backed by investors such as Blockchain Capital and Digital Currency Group, maintains that any alleged commingling amounted to the use of fees already earned. The SEC seeks civil penalties, disgorgement of ill-gotten gains, and an injunction to prevent Kraken from continuing to operate as an unregistered exchange.

Related: Kraken to Hand Over User Data to the IRS

This legal action follows similar SEC lawsuits against Binance and Coinbase in June, both of which are contesting the regulator’s claims. The SEC’s enforcement chief, Gurbir Grewal, stated that Kraken’s failure to register has created a business model with conflicts of interest, putting investors’ funds at risk.


Information for this story was found via US SEC, Reuters, and the sources and companies mentioned. The author has no securities or affiliations related to the organizations discussed. Not a recommendation to buy or sell. Always do additional research and consult a professional before purchasing a security. The author holds no licenses.

Video Articles

Everybody Should Own Gold | George Bee – U.S. Gold Corp.

A $40M Company Created $2B in Mining Value | John-Mark Staude – Riverside Resources

The Debt Crisis Is Turning Gold Into Money | Shawn Khunkhun – Contango Silver and Gold

Recommended

First Majestic Produces 3.4 Million Ounces of Silver in Q3 2026, Jerritt Canyon Restart Remains on Track

Altamira Gold Drills 134 Metres of 0.5 g/t Gold at Maria Bonita, Hole Ends in Mineralization

Related News

Binance Asks Judge To Prevent SEC From Putting BAM Trading’s CEO In Deposition

Binance, a leading cryptocurrency exchange, has taken legal action by requesting a protective order against...

Tuesday, August 15, 2023, 10:40:00 AM

Traders Using Private Messaging Apps Could Now Cost Big Banks Almost US$1 Billion Settlement

The giants of the banking institutions are expected to settle with the US Securities and...

Tuesday, August 23, 2022, 11:08:00 AM

AT&T Pays Record Amount To Settle SEC Charges

The Securities and Exchange Commission (SEC) on Monday announced that AT&T (NYSE: T) has settled...

Thursday, December 8, 2022, 06:29:02 AM

The SEC Has A Crypto Expert Recruitment Problem

The US Securities and Exchange Commission (SEC) is facing a significant recruitment challenge in the...

Tuesday, November 7, 2023, 10:33:17 AM

Crypto Crackdown: Wells Notices, Fraud Accusations And Celebrity Sellouts Add To Regulatory Confusion

With the catastrophic succession of the biggest bank failures in history, bitcoin maximalists are touting...

Friday, March 24, 2023, 03:09:00 PM