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Attorney Sam Enzer explains how the case that’s currently being heard could impact the SEC's entire enforcement regime against crypto.
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On Wednesday, a federal court in New York heard oral arguments in Coinbase’s motion to dismiss the SEC’s case against it for, among other things, allegedly acting as an unregulated securities exchange. Notably, Judge Katherine Polk Failla pressed the SEC to explain how it has jurisdiction over Coinbase in the case by defining what it considers a security.
Sam Enzer, a partner at Cahill Gorden & Reindel who represents Coinbase but not in this matter, joined Unchained to discuss why this case is so significant for the crypto industry, how he believes the government contradicted itself on the crucial definition of what constitutes a security, why he thinks the judge will not dismiss the case at this early stage, how the Ripple and Terraform Labs cases could be used by each side, and why he thinks Judge Failla is such a perfect choice to rule in this case.
Show highlights:
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Guest
Sam Enzer, partner at Cahill Gordon & Reindel
Previous appearances on Unchained:
Why SBF's Testimony So Far Has Likely Already Doomed Him
Another Bad Week for Sam Bankman-Fried in His Criminal Trial
Why These Lawyers Say It's Over for SBF-But His Only Hail Mary Is to Testify
SBF Trial: How Sam Bankman-Fried’s Lawyers Might Try and Win His Case
SBF’s Lawyers Could Be Annoying the Judge How Might That Impact the Trial?
Links
Previous coverage of Unchained on the Coinbase case and the topic of securities:
SEC Sues Binance, Coinbase: ‘This Is Not the End of Crypto in the United States’
These 2 Crypto Trading Platforms Agree With SEC Chair Gary Gensler
Coinbase’s Legal Action Against the SEC: How It Will Likely Unfold
‘Is ETH a Security?’ Why Gary Gensler Couldn’t Give Congress a Straight Answer
Gary Gensler vs. Crypto: What Will the SEC Attack Next?
Rep. Emmer on Why He Believes Gary Gensler Is a ‘Bad-Faith Regulator’
Coinbase vs. SEC
Unchained:
Federal Judge Presses SEC Over Jurisdiction in Case Against Coinbase
SEC Sues Coinbase for Breaking Securities Laws
SEC Files Motion to Freeze Binance’s Assets, Asks for ‘Sworn Accounting’
SEC Calls Solana, Polygon, Algorand and Other Tokens Securities but Misses Ether in Binance Lawsuit
Cointelegraph: Senator Lummis files amicus brief supporting Coinbase’s dismissal motion against SEC.
Other cases
Kraken
CNBC:Crypto exchange Kraken settles with SEC for $30 million, will close US staking operation
XRP
Unchained: SEC vs Ripple: Judge Rules XRP Sold on Exchanges Is Not a Security
Terraform Labs
Reuters: Judge sides with US SEC, says Terraform Labs crypto founder Do Kwon violated law
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Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz.
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CoinDesk Indices presents notable data insights from the week, followed by additional analysis from an industry expert.
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The CoinDesk Market Index (CMI) functions as a benchmark for the performance of the digital asset market, delivering institutional quality information to digital asset investors. Subsets of the CoinDesk Market Index (CMI) are investible CoinDesk Crypto Sectors and the CoinDesk 20 Index, designed to measure the performance of the top digital assets. Today’s takeaways are provided by Pallavi Chintam and Max Good of CoinDesk Indices with additional analysis from Gorast Tasevski, product analyst of Purpose Investments. For more on CoinDesk Indices, visit: coindeskmarkets.com.
This episode was hosted by Jennifer Sanasie. “Markets Daily” is executive produced by Jared Schwartz and produced and edited by Eleanor Pahl, alongside Senior Booking Producer Melissa Montañez. All original music by Doc Blust and Colin Mealey.
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Ranjan Roy from Margins is back for our weekly discussion of the latest tech news. We cover 1) Satya Nadella on the state of Microsoft’s partnership with OpenAI 2) Satya Nadella on OpenAI’s governance 3) Sam Altman on OpenAI’s potential for a big breakthrough this year 4) Altman on whether AI will replace jobs 5) How Generative AI will factor in politics this year, and whether it will actually be a big problem 6) The threat of video deepfakes 7) HeyGen’s translation of Argentina president Javier Milei’s speech 8) Google's latest layoffs 9) Does Google have a worsening culture problem? 10) Meta buying 350,000 NVIDIA h100 chips.
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Before converting to Islam, Imam Jamil Abdullah Al-Amin was a Black Power activist named H. Rap Brown. Like Malcolm X and Stokely Carmichael, he was targeted by COINTELPRO, the FBI’s counter intelligence program. In 2000, he was convicted of shooting two sheriff’s deputies — one fatally — outside a mosque in Atlanta’s West End. Tonight, Ben and Matt join journalist Mosi Secret to learn more about his new podcast Radical.
https://podcasts.apple.com/us/podcast/radical/id1716418988
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