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SEC Sues Consensys Over MetaMask Staking, Broker Allegations

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“Since at least January 2023, Consensys has offered and sold tens of thousands of unregistered securities on behalf of liquid staking program providers Lido and Rocket Pool, who create and issue liquid staking tokens (called stETH and rETH) in exchange for staked assets,” the SEC said. “While staked tokens are generally locked up and cannot be traded or used while they are staked, liquid staking tokens, as the name implies, can be bought and sold freely.”



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Ethereum Builder Consensys Buys Wallet Guard to Strengthen MetaMask Security

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“MetaMask is unique among wallets in providing not only strong default security features, but also security-enhancing plugins through our Snaps extensibility platform,” said Patrick Berarducci, MetaMask and Infura lead at Consensys, in a statement.



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US judge approves expedited schedule for Consensys suit against SEC

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A U.S judge has granted a request by software firm Consensys that sought an expedited schedule in the company’s lawsuit against the U.S. Securities and Exchange Commission (SEC).

Judge Reed O’Connor, in a filing on July 1, approved a timeline in which the court will now consider the merits of Consensys’ case against the regulator. Bill Hughes, senior counsel for Consensys, shared some details of the judge’s ruling via X on July 2.

“Important News about Consensys v. Gensler.  Judge O’Connor granted our request that he consider the merits of our case on an expedited basis:  whether the SEC has Congressional authority to regulate MetaMask as a securities broker and issuer,” Hughes said.

When is the verdict likely?

According to Hughes, the above issues are now set for consideration alongside any arguments from the SEC that Consensys’ case against the agency should not be allowed.

Per a timeline of the expected proceedings, the SEC has until July 29 to file its response. Meanwhile, September 20, 2024 is the deadline for filing opening briefs on the dispositive motions.  should be filed latest by September

In the filing at the U.S. District Court for the Northern District of Texas, Judge O’Connor also ordered that any amicus briefs be filed on or before October 4 and opposition briefs not later than November 1, 2024.

Hughes believes a ruling on the case could come in December, with this looking likely to come around Christmas.

Consensys vs. SEC – lawsuit and counter lawsuit

Judge O’Connor’s verdict comes a few days after SEC sued Consensys over its MetaMask platform and the staking services related offerings.

Remember that Consensys had already filed a lawsuit against the SEC in April. In the lawsuit, the company asked for a ruling that Ethereum is not a security and that MetaMask is not a broker dealer.

Consensys announced that the regulator had dropped its investigation into Ethereum 2.0 in June, only for the SEC to file its own lawsuit accusing Consensys of securities violations. Specifically, the SEC claims MetaMask is an unregistered broker and is offering unregistered securities.



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Lido and Rocket Pool tokens tank after SEC sues Consensys

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Lido DAO (LDO) and Rocket Pool (RPL) prices are sharply down on Friday. At the time of writing, LDO and RPL are 15% and 10% in the red respectively, with these losses coming as the market reacts to latest regulatory related news.

Ethereum (ETH) price also slipped, shedding nearly 3% while Maker (MKR), Uniswap (UNI) and Arbitrum (ARB) also traded lower. The fall can be attributed to the US Security and Exchange Commission (SEC) suing Consensys, the Ethereum software company behind the MetaMask crypto wallet.

SEC sues Consensys after ending Ethereum 2.0 investigation

SEC’s conclusion of its probe into Ethereum 2.0 gave hint that the regulator had flipped its outlook on altcoin. It’s notable that earlier in May, the SEC approved spot Ethereum ETFs for the US market.

However, an overhang still remained – the securities watchdog’s Wells Notice against Consensys. This meant potential enforcement action, with SEC having outlined its view regarding MetaMask, Consensys’ crypto wallet and staking service platform.

Lido and Rocket Pool prices plummet

Lido (LDO) and Rocket Pool (RPL) are some of the Ethereum related cryptocurrencies that surged a few days despite a marketwide dip. The gains followed Consensys’ announcement that the SEC had ended its Ethereum 2.0 probe.

LDO rose from around $1.85 to highs of $2.40 amid the major win for Ethereum, while RPL jumped from $26.50 to above $30.00 as the news added to a confluence of other positive catalysts to propel the altcoins higher.

What the SEC said about Lido and Rocket Pool

In today’s lawsuit, filed at the United States District Court Eastern District of New York, the SEC alleged “Consensys violated the federal securities laws” after it failed to register as a broker dealer and for offering unregistered securities.

“Specifically, Consensys has offered and sold tens of thousands of securities for two issuers: Lido and Rocket Pool,” SEC’s complaint reads.

SEC also said Lido and Rocket Pool staking operations with ETH means investors expect to earn profits, and these come with the two protocols’ managerial efforts.



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