Buyers and candidates excited by spot Bitcoin exchange-traded funds (ETFs) are maintaining an in depth eye on the continuing court docket case between Grayscale and the U.S. Securities and Trade Fee (SEC
On June 29, 2022, the U.S. SEC rejected Grayscale’s utility to transform the Grayscale Bitcoin Belief to a spot Bitcoin ETF. The identical day, Grayscale filed an enchantment in D.C. court docket difficult the SEC’s determination.
The court docket’s determination on the lawsuit may dictate the destiny of the string of spot Bitcoin ETF purposes filed final month.
Grayscale claims the SEC acted “arbitrarily and capriciously”
The crux of Grayscale’s argument is that the SEC acted “arbitrarily and capriciously” in rejecting spot Bitcoin ETF purposes, particularly contemplating it had already accepted Bitcoin futures ETFs. The SEC violated the Securities Trade Act with its “unfair discrimination” towards spot Bitcoin ETF issuers, Grayscale alleges.
In different phrases, Grayscale believes that the spot and futures Bitcoin ETFs pose comparable dangers and must be handled equally. Furthermore, each spot and Bitcoin futures ETFs are priced primarily based on the identical underlying spot markets — another excuse why they need to be handled equally, Grayscale argues.
Grayscale delivered its closing oral arguments within the case on March 7. The SEC that day argued that spot and Bitcoin futures ETFs have a correlation, however that correlation doesn’t equate to causation. The crux of the SEC’s argument is that spot Bitcoin ETFs are extra weak to manipulation and fraud as a result of the underlying spot market stays unregulated. Nevertheless, the regulated Chicago Mercantile Trade, the place Bitcoin futures ETFs commerce, has enough safeguards towards fraud and manipulation.
Wanting ahead
The court docket determination, whatever the final result, will probably be essential for all these trying to subject spot Bitcoin ETFs within the U.S. If Grayscale wins, the SEC may enchantment the choice in the next court docket. If Grayscale loses, the agency may name for an “en banc” listening to, which is uncommon — in such hearings, all judges of the D.C. Circuit will weigh in on the case. Or, Grayscale may enchantment the choice within the Supreme Court docket.
On condition that many market analysts are optimistic concerning the approval of spot Bitcoin ETF purposes, the court docket ruling, on this case, may considerably affect the outlook for such ETF issuers.
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