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.
CRYPTO INDUSTRY FIGHTS BACK AGAINST GOVERNMENT CRACKDOWN
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.
CRYPTO NO LONGER OUTSIDER AT FAMED MIAMI BEACH ETF CONFERENCE
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.
CRUZ, GOP SENATORS DOUBLE DOWN ON ANTI-CENTRAL BANK DIGITAL CURRENCY LEGISLATION
“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
Crypto ATM Giant Discloses $3.7 Million Bitcoin Theft Following Cyberattack
Key Takeaways:
- Bitcoin Depot lost 50.903 BTC, worth $3.665 million, after a March 23 cyberattack on corporate systems.
- Management deemed the event material on April 6 due to potential regulatory and reputational costs.
- Bitcoin Depot is now working with external experts to harden IT security and seek insurance recovery.
Details of the Security Breach
Bitcoin Depot, one of the world’s largest bitcoin ATM operators, revealed Wednesday, April 8, that it was the victim of a targeted cyberattack in late March that resulted in the unauthorized transfer of more than 50 bitcoin from corporate accounts. According to a Form 8-K filed with the Securities and Exchange Commission, the breach was first discovered March 23, 2026.
An unauthorized party infiltrated the company’s internal information technology systems, eventually gaining control of credentials for digital asset settlement accounts. The intruder siphoned 50.903 bitcoin from company-controlled wallets. At the time of the incident, the stolen assets were valued at approximately $3.665 million.
Despite the loss, Bitcoin Depot emphasized that the breach appears to have been localized to its corporate environment. The company stated that customer platforms remained unaffected and maintained that user data and environments were not breached.
“The Company has not identified evidence that customer personally identifiable information was accessed or exfiltrated in connection with the incident; however, the investigation remains ongoing,” the company stated in the filing.
Upon detecting the intrusion, the ATM operator activated emergency response protocols, engaged third-party cybersecurity specialists and notified law enforcement. The company is currently working to harden its infrastructure to prevent future breaches.
While the company initially stated the incident had not “materially impacted” daily operations, management now considers the event material due to the potential for “reputational harm, legal, regulatory, and response costs.” The company added that while it holds insurance policies for cybersecurity incidents, there is no guarantee the coverage will fully reimburse the $3.665 million loss.
The company said it does not believe the theft will have a long-term impact on its overall financial condition or its network of bitcoin ATMs across North America.
Crypto
New law regulates cryptocurrency kiosks in Wisconsin to protect against scams
WAUSAU, Wis. (WSAW) – A Wisconsin bill creating regulatory requirements for cryptocurrency kiosks is now law, aiming to protect people from scams involving the machines.
The Wood County Sheriff’s Department has been investigating scams involving cryptocurrency kiosks for more than three years and helped craft the new law.
Several people from the Wood County Sheriff’s Department have been testifying in Madison and educating people about these scams.
“And that’s something that is always an important part, but when you can get something out statutorily to protect people, that’s even better,” Becker said.
Daily limits and victim reimbursement
The law puts $1,000 daily transaction limits on the machines and requires machine operators to reimburse victims who report scams to law enforcement within 30 days.
Sheriff Shawn Becker said the department began investigating after receiving a complaint from a citizen who was scammed out of thousands.
“When we got the initial complaint from one of our citizens came in and was scammed $9,000. And then we were, these crypto ATMs were new to there and new to the country,” Becker said.
The department began seizing cash from the machines after people were scammed, holding it as evidence. They would return money to victims, but cryptocurrency companies sued over the practice.
“So we had to change our tactics and we would still serve the warrant, but now we hold that cash here at the sheriff’s department until we get a court order,” Becker said. “I think it really made a difference to get where we’re at now.”
New requirements for operators
The law requires operators to add warning labels to kiosks. Cryptocurrency kiosks also have to be more than five feet away from an ATM.
Kiosk operators must take reasonable steps to detect and prevent fraud. They need to provide notices of virtual kiosks locations to law enforcement before the first transaction on that machine.
“I’m very proud of our department, our investigators that working together with the legal justice system to be part of something that has changed and protected people from being scammed,” Becker said.
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Crypto
Op-Ed by Corbin Fraser, CEO of Bitcoin.com: The Bitcoin President Is Making Our Case for Us
What a difference eighteen months makes.
As I write this, a two-week ceasefire between the United States and Iran is hours old. Whether it holds is anyone’s guess. The war that the U.S. and Israel launched on February 28 has already killed American service members, destroyed universities and elementary schools, closed the Strait of Hormuz, and sent shockwaves through every market on the planet. The president who promised to end wars threatened, in his own words, that “a whole civilization will die tonight.” Iran’s ambassador at the United Nations called it incitement to genocide. Experts are debating whether the targeting of bridges, railways, and power grids constitutes war crimes. Children in Tehran are dead.
This is not what we signed up for.
The Bitcoin community did not coalesce around a political candidate so that he could become the latest patron of the military-industrial complex. The very machine, by the way, that Bitcoin was conceptually designed to defund. Satoshi’s whitepaper was published in the wreckage of 2008, a year when the Federal Reserve printed billions to bail out banks while governments spent trillions waging wars most citizens never asked for. Bitcoin was, from its genesis block, a protest against exactly this: the unchecked power of states to debase currency in service of violence.
I want to be clear about something: the crypto community’s natural disgust for war is not a political posture. It is a foundational value. We believe that when governments can’t print money at will, they can’t wage wars at will. That is the entire point. What is happening in Iran is a humanitarian catastrophe. Reports of children killed in residential neighborhoods, a major university bombed, human chains of young people forming around power plants to shield them from American missiles. These are not abstractions. They are the human cost of the very system Bitcoin was built to opt out of.
The two-week ceasefire, brokered through Pakistan’s intervention, is a fragile reprieve. Iran has accepted negotiations in Islamabad beginning Friday. But we have already seen what happens when diplomacy is sabotaged. Iran’s IRGC intelligence chief was assassinated mid-conflict, negotiators have been targeted, and the pattern of setting deadlines only to extend them has made the entire process feel performative. Time will tell if this ceasefire holds.
What won’t change is the math. Wars cost money. Money comes from somewhere. And when governments run out of honest revenue, they print. Every dollar created to fund conflict is a dollar that steals purchasing power from the people who earn it. Every bomb dropped on Iranian bridges is paid for with dollars. Every aircraft carrier repositioned to the Persian Gulf runs on the full faith and credit of the United States Treasury. Every escalation widens the deficit, increases the pressure on the Fed, and further erodes the credibility of the dollar as a neutral global reserve currency.
Bitcoin fixes this. Not through slogans, but through mathematics. A hard cap of 21 million. No Federal Reserve. No emergency printing. No backdoor funding of wars the public never authorized.
To my fellow travelers in the Bitcoin and crypto space: I understand the disillusionment. Many of us believed that political engagement would accelerate adoption and protect our industry. But we should never have expected a politician, any politician, to embody the values of decentralization. That was always our job. Bitcoin doesn’t need a president. It needs users. It needs people who look at what’s unfolding on their screens right now and decide they’d rather hold an asset that no government can inflate to fund the next war.
If the intent of Trump as the de facto “ Bitcoin President” is to embolden our beliefs more in voting with our feet, in selling more USD for BTC, then he’s doing a hell of a job.
_________________________________________________________________________
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