Grayscale’s legal challenge to SEC sparks response from the community

Published at: June 30, 2022

After Grayscale’s application to convert its Grayscale Bitcoin Trust (GBTC) into a Bitcoin (BTC) exchange-traded fund (ETF) was denied, the firm launched a legal challenge against the United States Securities and Exchanges Commission. Following these events, the community responded with various reactions, from accusing the SEC of price manipulation to suggesting different solutions. 

Redditor u/ThatsMRcurmudgeon2u, who introduced themself as a securities lawyer, weighed in on the matter. According to the Redditor, many anticipated the lawsuit, as SEC Chair Gary Gensler has made it clear that he wants exchanges to register with the SEC. The Redditor also accused the SEC of “holding GBTC hostage.”

Lawyer Jake Chervinsky tweeted that the ETF denial was “deeply disappointing” and defies federal law and common sense. He pointed out that the SEC’s role should be to protect investors and argued that an ETF is a better product for them.

According to Twitter user Ann, given that the SEC approved an ETF that shorts Bitcoin, it may be working to “suppress the price of Bitcoin.” Ann argued that this is not the role of the SEC.

“On the other hand, Bitcoin advocate and author Vijay Boyapati suggested a different route. Boyapati said that a better move would be to “wind down the fund” and return the Bitcoin to investors. The author criticized Grayscale’s 2% fees and urged the firm to “do the right thing.”

A much better solution would be to wind down the fund and return the underlying #bitcoin to investors, who are currently being milked for an outrageous 2% per year. Do the right thing, Grayscale.

— Vijay Boyapati (@real_vijay) June 30, 2022

Redditor u/Percyheckendorf argued that the SEC's move to deny the ETF is bad for pensioners, as pension funds will be “stuck buying equities,” which do not have as much potential as Bitcoin.

Related: Elusive Bitcoin ETF: Hester Peirce criticizes lack of legal clarity for crypto

In a letter to investors on Monday, Grayscale announced that the SEC received 11,400 letters related to the proposed Bitcoin ETF. According to the firm, 99% of the letters were in support of the ETF. Despite these letters of support, it was still not approved.

Tags
Etf
Sec
Related Posts
Crypto breaks Wall Street’s ETF barrier: A watershed moment or stopgap?
A lot of excitement radiated out of New York this week with the launch of the first Bitcoin exchange-traded fund (ETF) sanctioned by the United States Securities and Exchange Commission. The ProShares Bitcoin Strategy ETF (BITO) had a stunning debut on the New York Stock Exchange as the second-most heavily traded opening-day fund on record, with some calling it “a watershed moment for the crypto industry.” But others, like Arca CEO Rayne Steinberg, had “mixed feelings” about the events. While pleased that a much-awaited crypto investment vehicle finally received regulatory approval — ending eight years of futility on the part …
Adoption / Oct. 22, 2021
SEC Chair Gary Gensler actually is pro-Bitcoin, Volt Equity CEO argues
The founder of Volt Equity believes that United States regulators have a fair reason to be slow in approving a pure Bitcoin (BTC)-related exchange-traded fund (ETF). Volt Equity CEO and founder Tad Park voiced support for the U.S. Securities Exchange Commission regarding the regulator’s unwillingness to approve an ETF that would track Bitcoin directly. In a Tuesday Fox Business interview, Park argued that SEC Chair Gary Gensler “actually is pro-Bitcoin” but is also “a little bit misunderstood” regarding his perspective on crypto regulation in the United States. Park specifically referred to the SEC’s investor protection concerns, namely that crypto custody …
Adoption / Oct. 13, 2021
Fund management firm Global X files with the SEC for a Bitcoin ETF
New York-headquartered fund manager Global X Digital Assets has filed an application for a Bitcoin (BTC) exchange-traded fund (ETF) with the United States Securities and Exchange Commission. Filed on Wednesday, the application indicates that the proposed Global X Bitcoin Trust — a Delaware statutory trust formed in mid-July of this year — would, if approved, trade on the Cboe bZx exchange. The Bank of New York Mellon would serve as the trust’s administrator. As per the filing: “The Trust’s investment objective is to reflect the performance of the price of bitcoin less the expenses of the Trust’s operations. The Trust …
Adoption / July 22, 2021
SEC delays decisions on Bitwise and Grayscale’s Bitcoin ETFs
The United States Securities and Exchange Commission (SEC) continues to delay decisions on Bitcoin (BTC) exchange-traded funds (ETF), issuing two fresh deadline extension notices. On Dec. 15, the SEC postponed two major Bitcoin exchange-traded offering proposals, including NYSE Arca's "actual" Bitcoin ETF, named Bitwise Bitcoin ETP Trust, and Grayscale Bitcoin Trust’s Bitcoin ETF. The SEC now expects to decide whether to approve or disapprove, or “institute proceedings to determine whether to disapprove” Bitwise’s BTC ETF and Grayscale’s BTC ETF on Feb. 1 and Feb. 6, respectively. “The Commission finds that it is appropriate to designate a longer period within which …
Etf / Dec. 17, 2021
SkyBridge Capital’s Anthony Scaramucci expects a pro-crypto presidential candidacy
Anthony Scaramucci, the founder of the hedge fund SkyBridge Capital, thinks that the next United States presidential candidate will likely be pro-cryptocurrency, given that the U.S. Securities and Exchange Commission (SEC) recently announced the approval of a fourth Bitcoin (BTC) futures exchange-traded fund (ETF). During an interview at SALT’s Crypto Bahamas conference, Scaramucci told Cointelegraph that he has been bullish on a pro-crypto presidential candidate since the SEC approved Bitcoin futures under the Securities Act of 1933 (‘33 Act) and the Securities Act of 1934 ('34 Act). He added: “The Congress is indicating that they are more crypto-friendly. You now …
Decentralization / May 5, 2022