法官裁定,美国证券交易委员会对Kraken的诉讼可以继续进行

币界网Published on 2024-08-23Last updated on 2024-08-23

币界网报道:

周五,一名联邦法官裁定,加密货币交易所Kraken必须面对美国监管机构对其提起的诉讼。

根据法庭文件,该诉讼于去年11月在美国加利福尼亚州北部地区地方法院提起,指控Kraken作为一家未注册的证券交易所运营。该裁决结束了Kraken为驳回诉讼所做的一系列努力。

美国地区法官William H.Orrick周五在一份命令中表示:“美国证券交易委员会合理地声称,Kraken在其网络上促成的至少一些加密货币交易构成投资合同,因此构成证券,因此受证券法的约束。”。

在法律诉讼中,美国证券交易委员会声称,代币ADA、ALGO、ATOM、FIL、FLOW、ICP、MANA、MATIC、NEAR、OMG和SOL是证券。因此,它表示,涉及代币的交易将属于其管辖范围。

尽管裁决允许案件的发现继续进行,但Kraken首席法律官Marco Santori将其解释为“Kraken的重大胜利”

“从根本上说,Kraken案件中的法院做出了与Ripple案件相同的区分:代币不是证券,但围绕代币的协议可能是,”他周五在X上的一篇帖子中说。

美国证券交易委员会和Kraken均未立即回应Decrypt的置评请求。

美国证券交易委员会(Securities and Exchange Commission)对Kraken案件的最新进展是在联邦监管机构和加密货币交易所之间长达数月的斗争之后发生的。

今年早些时候,Kraken多次试图让美国证券交易委员会驳回对其业务的诉讼。今年2月,Kraken的律师辩称,根据Howey测试,美国证券交易委员会未能证明其平台上的交易是否符合投资合同。

Howey测试用于确定投资是否属于美国联邦监管机构的管辖范围。

法庭记录显示,该公司的律师还辩称,美国证券交易委员会没有指出“已经(或可能)在Kraken交易、经纪或结算的投资合同”。

根据裁决,海怪必须在20天内对投诉作出回应。

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