Grayscale sues SEC after rejection of bid to turn the largest bitcoin fund into an ETF

Grayscale sues SEC after rejection of bid to turn the largest bitcoin fund into an ETF


The SEC on Wednesday rejected Grayscale’s application for a spot bitcoin ETF, citing a failure by the investment manager to answer questions about concerns around market manipulation.

Nurphoto | Nurphoto | Getty Images

Grayscale, which manages the world’s largest bitcoin fund, said it would sue the U.S. Securities and Exchange Commission after regulators turned down its bid to convert the investment vehicle into an exchange-traded fund.

The SEC on Wednesday rejected Grayscale’s application for a spot bitcoin exchange-traded fund, citing a failure by the investment manager to answer questions about concerns around market manipulation.

The watchdog is concerned investors would lack sufficient protections under the Grayscale proposal.

Grayscale filed to make its Bitcoin Trust, known as GBTC, an ETF back in October 2021, but the ruling faced multiple delays. Grayscale had piled pressure on the watchdog to side with it, including by giving people a way of quickly emailing in to express their support.

Soon after the SEC’s rejection, Grayscale filed a petition challenging the decision with the U.S. Court of Appeals for District of Columbia Circuit. The litigation is being led by Grayscale’s senior legal strategist Donald B. Verrilli Jr., a former U.S. solicitor general, and a team of attorneys at law firm Davis Polk & Wardwell.

Verrilli said the SEC is “failing to apply consistent treatment to similar investment vehicles, and is therefore acting arbitrarily and capriciously in violation of the Administrative Procedure Act and Securities Exchange Act of 1934.”

The SEC was not immediately available for comment outside of normal U.S. working hours.

Grayscale argues the SEC’s position is inconsistent in light of previous decisions to greenlight other bitcoin-based ETFs, including those based on futures markets and one that allows investors to short — or bet against — the cryptocurrency.

Crypto bulls had pinned their hopes on the SEC approving the first U.S. spot bitcoin ETF, a move that would potentially open the cryptocurrency up to more institutional investment.

The move to deny Grayscale’s bitcoin ETF application adds to a slew of negative news around crypto lately. Earlier this week, embattled crypto hedge fund Three Arrows Capital collapsed into liquidation.

Bitcoin was trading at $20,085 late Wednesday, down 1% in the last 24 hours. Cryptocurrencies have lost a combined $2 trillion in over market value since the peak of the bubble in November 2021.



Source

China’s grueling ‘996’ work culture is being debated by European startups — 7 founders and VCs on why they are resisting
World

China’s grueling ‘996’ work culture is being debated by European startups — 7 founders and VCs on why they are resisting

European startup founders are being pressured to embrace China’s toxic “996” work culture on LinkedIn and they’re pushing back. D3sign | Moment | Getty Images The European startup scene was recently shaken by a LinkedIn debate with some venture capitalists applying pressure on founders to embrace a culture of overwork to compete on a global […]

Read More
Coco Gauff handles bad memories and top-ranked Aryna Sabalenka to earn first French Open title
World

Coco Gauff handles bad memories and top-ranked Aryna Sabalenka to earn first French Open title

Drawing on the painful memory of her defeat three years ago in the French Open final gave Coco Gauff just the motivation she needed to win the clay-court major for the first time. The 21-year-old American defeated top-ranked Aryna Sabalenka 6-7 (5), 6-2, 6-4 on Saturday for her second Grand Slam title, two years after […]

Read More
Longevity doctor: ‘Every single day I try to get at least 30 to 40 grams of fiber in my diet’—here’s how
World

Longevity doctor: ‘Every single day I try to get at least 30 to 40 grams of fiber in my diet’—here’s how

Poonam Desai is an ER doctor with two decades of experience who studied and recommended daily practices for a long life to her patients well before it became her main focus.  In 2017, she officially started practicing longevity medicine, teaching patients the tools they need to structure their routines with living long and staying healthy in […]

Read More