Crypto
Sen. Warren challenger goes to bat for Coinbase, crypto industry in SEC lawsuit
FOX Business senior correspondent Charlie Gasparino and Massachusetts Senate candidate John Deaton join ‘The Claman Countdown’ to discuss filing an amicus brief for Coinbase in its legal battle with the SEC.
Massachusetts Senate candidate John Deaton isn’t letting the busy campaign trail prevent him from fighting the Securities and Exchange Commission on behalf of the crypto industry.
FOX Business was first to report that the crypto-enthusiast and lawyer, now turned political candidate, filed an amicus brief in the Southern District of New York on Friday in support of the U.S.’s largest crypto exchange, Coinbase, in its ongoing legal battle with the SEC.
Deaton says he’s intervening in the case on behalf of 4,701 Coinbase users, developers and crypto investors who want their voices heard in court.
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Woburn, MA – April 12: John Deaton, GOP US Senate candidate, poses for a portrait. (Photo by Suzanne Kreiter/The Boston Globe via Getty Images) (Getty Images / Getty Images)
“SEC Chairman Gary Gensler and his agency have demonstrated that they are not interested in protecting small investors and operate only to serve their political masters,” Deaton tells FOX Business. “The SEC has unlimited resources, paid for by the taxpayer, and Coinbase is a multibillion-dollar company with the best lawyers money can buy. The consumers deserve an advocate and a voice as well.”
Coinbase’s Chief Legal Officer Paul Grewal thanked Deaton and trade group Blockchain Association for filing amicus briefs in a post to his X account Friday afternoon. The SEC did not immediately respond to a request for comment.
The SEC sued Coinbase in June for allegedly violating securities laws by operating as an unregistered broker dealer offering unregistered securities in the form of crypto tokens on its platform. A Manhattan judge ruled in March that the SEC has enough grounds to move forward with the case.
Coinbase has since filed a motion for a so-called interlocutory appeal, asking the judge to halt legal proceedings so that a higher court can resolve once and for all the biggest legal impasse dividing the SEC and the crypto industry: Does the Howey Test apply to crypto transactions?
The seal of the U.S. Securities and Exchange Commission hangs on the wall at SEC headquarters (Reuters/Jonathan Ernst / Reuters Photos)
The Howey Test is the result of a 1946 Supreme Court ruling and the litmus test the country’s highest court uses for determining whether a transaction qualifies as an investment contract and thus a security.
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The SEC argues that all cryptocurrencies except for Bitcoin are likely securities because of their resemblance to traditional investments like stocks and bonds where investors buy into a product with the expectation of profits.
The crypto industry says the SEC is engaging in a jurisdictional power grab, attempting to force digital assets into the existing framework of the nation’s securities laws, which did not factor in blockchain technology when they were established in the 1930’s. Many in the industry also believe most digital assets more closely resemble commodities and, therefore, belong under the purview of the SEC’s sister agency, the Commodity Futures Trading Commission.
In his amicus brief, Deaton takes aim at what he says is the SEC’s inconsistent views on how tokens should be regulated.
SEC lawyers in the Coinbase lawsuit argued that Bitcoin, the only asset the SEC believes is not a security, has earned that status because it doesn’t have an ecosystem, or “network” behind it.
Deaton argues that Bitcoin arguably has the largest and most established ecosystem, which is the reason that investors choose to put their money into it.
Cryptocurrency mixing platform, Tornado Cash, has been hit with US sanctions over allegations of money laundering. Cryptocurrency Illistration picture taken on Jan. 24, 2022. (REUTERS/Dado Ruvic/Illustration / Reuters)
“Bitcoin is certainly distinguishable from other cryptocurrencies but claiming it is not a security, unlike other tokens, because it doesn’t have an ecosystem, is just plain dumb,” Deaton says.
Deaton’s brief, which heavily criticizes the SEC’s “malevolent” approach to regulating crypto, supports Coinbase’s motion for appeal, arguing that the inconsistent way in which the SEC has been applying the Howey Test to digital assets should make it a matter ultimately decided by a higher court.
“If the Howey test is going to be interpreted and used to include all transactions in perpetuity, an appellate court, possibly the U.S. Supreme Court, needs
to be the one who validates it,” he wrote.
Deaton also cites statements from Republican SEC Commissioners Hester Peirce and Mark Uyeda as well as government officials like Congressman Ritchie Torres (D-New York) expressing concerns about the hostile regulatory environment under Gensler.
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“The underlying lack of clarity seems to be a strategic effort by the SEC to hinder the digital asset industry. If not rooted in maliciousness, they certainly, at least, do not seem to be advancing their mission of protecting investors,” Deaton says in the brief.
This is not the first time Deaton, who’s running as a Republican to unseat the incumbent Democratic Senator from Massachusetts Elizabeth Warren, has taken on securities regulators to advocate on behalf of the $2 trillion crypto industry.
Democratic Massachusetts Sen. Elizabeth Warren (L) and Republican challenger John Deaton are pictured. (Getty Images/)
But he’s now doing it as a political candidate and has been able to use his bully pulpit to rally the crypto industry and its heavyweights to his campaign and raise significant sums of money. It helps that Warren is among the most anti-crypto lawmakers in Congress and an ally of SEC Chairman Gary Gensler, also an industry critic.
Deaton’s involvement in crypto firm Ripple’s three-year legal battle with the SEC earned him folk hero status among retail holders of the XRP token. He represented XRP investors as a so-called amicus curiae, or “friend of the court,” and did the same on behalf of users of the LBC token in the SEC’s lawsuit against decentralized content sharing platform LBRY.
Deaton’s efforts in the Ripple case were widely regarded as part of the reason Manhattan District Judge Torres ruled, in what was seen as a watershed moment for the industry, that sales of the token XRP between retail investors on exchanges, did not meet the SEC’s classification of a securities transaction.
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If the ruling stands appeal, it would set a legal precedent that the SEC does not have oversight of the transactions between retail investors who engage in secondary market transactions using exchanges such as Coinbase to buy and sell crypto.
The ruling has also sparked a fierce legal debate over what makes a digital asset a security, the central argument in most of the lawsuits the SEC has brought against the crypto industry.
WASHINGTON, DC – SEPTEMBER 14: Gary Gensler, Chair of the U.S. Securities and Exchange Commission, testifies before a Senate Banking, Housing, and Urban Affairs Committee oversight hearing on the SEC on September 14, 2021 in Washington, DC. (Photo by (Evelyn Hockstein-Pool/Getty Images / Getty Images)
Three judges in the same Southern District of New York courthouse have writte opposing legal opinions on whether transactions involving digital assets satisfy the Howey Test, a point that Deaton cites in the brief and uses as an argument for why Coinbase should be granted permission to file an interlocutory appeal and possibly solve the regulatory riddle of digital assets once and for all.
Interlocutory appeals are difficult to get granted, and it’s unclear whether Judge Failla, who is presiding over the Coinbase case, will side with the exchange on this issue.
Crypto
Robert Kiyosaki Says Spiritual Mission Led Him to Financial Education
Key Takeaways
- Robert Kiyosaki says a guru’s advice pushed him to question whether making money was his real mission.
- He says teaching financial education became his purpose despite failing in school and hating school.
- His unanswered challenge to readers is direct: “What is your spirit’s mission?”
The Question That Changed Robert Kiyosaki’s Path
Robert Kiyosaki, author of the best-selling personal finance book Rich Dad Poor Dad, said the turning point began years ago while listening to an Indian guru. The guru told him, “Your body’s mission is to fulfill your spirit’s mission,” Kiyosaki wrote on X on July 1. He added that the sentence forced him to examine whether his work matched a deeper purpose.
“His words shook me. At the time my body was busy making money,” Kiyosaki said. That conflict became the central issue in his reflection: whether financial success alone could define a life’s work.
Why Teaching Became the Mission
Kiyosaki said the answer took years to understand. “It finally came to me that my spirit’s mission was to teach what my body was to do was to be a teacher… which was the last thing I thought I would ever become… just because I failed in school and hated school.”
He said the realization prompted him to leave manufacturing more than 50 years ago and begin teaching lessons he learned from his “rich dad,” shifting his career from manufacturing to financial education. Instead of focusing on producing goods, he redirected his energy toward sharing financial principles he believed were missing from traditional education.
The acclaimed author said he was ridiculed for years for teaching ideas such as “Savers are losers” and “Debt can make you rich.” Despite the criticism, he said he continued teaching because he believed traditional schools failed to educate people about money.
“My life changed.”
What Question Does Kiyosaki Leave Open
Kiyosaki said one way to find purpose is to ask, “What does my heart want to do to serve humanity?” He said he began teaching for free before the work became commercial.
“That free education turned into a multimillion-dollar business and expanded throughout the world,” he wrote. He closes by encouraging readers to reflect on their own purpose, asking:
“What is your spirit’s mission?”
Beyond discussing purpose, Kiyosaki’s recent posts have continued to focus on economic risks. He has warned of a possible market downturn, advocated owning assets such as gold, silver, bitcoin, and ethereum, and said he is waiting for lower prices before making additional purchases.
Crypto
Webinar: Crypto and public pensions—risks, rewards, and fiduciary duties
As digital assets such as Bitcoin, Ethereum, and other cryptocurrencies become increasingly integrated into financial markets, public pension systems face important questions about whether and how to incorporate them into investment portfolios.
On June 23, a Reason Foundation webinar with leading experts explored how public pension systems should evaluate cryptocurrency investments; how to assess and manage the risk and volatility for public workers, retirees, and taxpayers; and how to provide the public with transparency into these investments.
You can watch the webinar here:
The panelists and moderator of this webinar:
Brad Briner
Brad Briner is the treasurer of North Carolina. Before taking office, he served as co-chief investment officer for Willett Advisors, which manages the philanthropic and personal investment assets of Mike Bloomberg. His prior experience includes roles at Morgan Creek Capital, UNC Management Company, ArcLight Capital, and Goldman Sachs. Briner graduated from the University of North Carolina at Chapel Hill as a Morehead Scholar with a degree in economics with distinction and earned an MBA with distinction from Harvard Business School.
Todd D. Kanaster
Todd D. Kanaster is a director at S&P Global Ratings specializing in municipal pensions and retiree medical benefits. His work includes analyzing issuers, training analysts, and serving as a nationwide specialist on public pension and retiree health care issues within S&P’s local government credit analysis. He is an Associate of the Society of Actuaries, a Member of the American Academy of Actuaries, and a Fellow of the Conference of Consulting Actuaries.
Mariana Trujillo
Mariana Trujillo is managing director of government finance at Reason Foundation. Her research focuses on the fiscal health of federal, state, and local governments, with particular attention to the impact of pension liabilities on government finances and the effect of retirement benefits on public-employee recruitment and retention.
Leonard Gilroy (moderator)
Leonard Gilroy is vice president of government reform at Reason Foundation and senior managing director of Reason’s Pension Integrity Project. Under his leadership, the Pension Integrity Project assists policymakers and other stakeholders in designing, analyzing and implementing public sector pension reforms.
Related policy study:
U.S. public pension and trust fund investment in digital assets
Frequently asked questions about public pensions investing in Bitcoin and other digital assets
Crypto
Bank of Thailand Backs 1:1 Baht Stablecoin While Tightening Cross-Border Payment Rules
Key Takeaways
- Bank of Thailand plans to hold public hearings by late 2026 for a 1:1 baht-backed stablecoin.
- Regulators suspended 5,000 Alipay and Wechat Pay accounts to curb unauthorized yuan QR transfers.
- Speculative retail forex operations will face stiff fines under Thailand’s 1942 Exchange Control Act.
Baht-Pegged Stablecoin Framework
The Bank of Thailand plans to introduce a stablecoin pegged to the national currency as part of an initiative to support financial innovation, central bank Governor Vitai Ratanakorn announced June 30. Speaking at a financial conference hosted by efinanceThai, Ratanakorn said the central bank will hold a public hearing on the proposal by the end of the year.
Under the initial framework, any operating stablecoin must be fully backed on a 1-to-1 basis by Thai baht reserves. The central bank will limit the first phase of the rollout to financial institutions for settlement purposes only, with broader use cases to be evaluated later.
According to a local report, the central bank is also tightening enforcement on cross-border mobile payment platforms. Ratanakorn reiterated that all personal QR code payments in Thailand must be conducted exclusively in baht.
Regulators have suspended approximately 5,000 accounts used for peer-to-peer yuan transfers via Alipay and Wechat Pay between February 2025 and May 2026. The central bank is currently coordinating with those platforms to review transactions and identify regulatory violations.
Payment service providers that process transactions in unauthorized currencies face corrective measures, fines, suspensions, or the revocation of their licenses, Ratanakorn warned. Additionally, the governor clarified that the central bank will not grant licenses for retail foreign-exchange operations intended for speculative trading.
Facilitating transfers to settle speculative forex transactions may violate the Exchange Control Act of 1942, which carries penalties of up to 3 years’ imprisonment and a $6,012 (200,000 baht) fine. Furthermore, individuals who advertise or promote speculative currency trading could face fraud charges under a 1984 emergency decree, punishable by up to 10 years in prison and significant daily fines.
Ratanakorn said the central bank’s dual objective is to foster financial technology while maintaining strict control over consumer protection and domestic currency flows.
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