SEC faces suspension threat as judge questions validity of DEBT box case.
U.S. District Judge Robert Shelby has hinted that lawyers for the Securities and Exchange Commission (SEC) may be tossed in a legal action against Digital Licensing Inc. over misleading statements.
Filed in federal court in Utah, the SEC's legal action alleges that DEBT Box defrauded investors out of $50 million by selling unregistered securities known as “crossover licenses.”
Judge Shelby's decision revealed significant differences in the SEC case. Initially, the SEC, led by attorney Michael Welsh, persuaded the court to freeze DEBT Box's assets, arguing that the company was moving to Dubai outside of US control. It was later discovered that these suggestions were incorrect, the bank account was not closed and $720,000 was allegedly transferred overseas.
The judge raised concerns about the behavior of SEC attorneys. Misstatements of fact and the failure of other class members to correct such errors may have violated Federal Court Rule 11(b), which governs evidentiary factual inquiries. This led to Shelby issuing a “show cause order”, requiring the SEC to provide reasons why penalties for these actions should not be issued.
Complicating the issue is the TRM Labs report, which corroborates the SEC's previous claim that DEBT Box defrauded investors on mining tokens. The defense counsel did not make a statement on the matter, and the SEC accepted the order, planning to respond within the two-week period specified by Judge Shelby.
Related: SEC faces another setback in recycling lawsuit against Kraken
This chapter marks a critical moment in the legal process, highlighting the complexities of cryptocurrency regulation and the importance of legal responsibility in high-profile financial litigation.
John E. Deaton, Ripple's lawyer, said he wasn't surprised that the financial regulator had been caught lying, adding, “It seems that lawyers at the SEC have taken it personally when it comes to crypto issues.” With this, he requested to be served a summons on the financial controller. Colleague Ripple's Chief Technology Officer Stuart Alderotti detailed a detailed analysis of the troubling patterns seen at the SEC.
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