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US SEC Counters Richard Heart’s Attempt to Dismiss Lawsuit Over Hex

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3 months ago

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The U.S. Securities and Exchange Commission (SEC) has resisted Hex founder Richard Heart’s efforts to dismiss the lawsuit filed against him. This comes after Heart’s legal team filed a motion stating that the regulatory agency lacks jurisdiction in the case and that no securities were transacted.

U.S. SEC Challenges Motion to Dismiss

In a filing, the U.S. SEC has asked the U.S. District Court for the Eastern District of New York to reject Heart’s motion to dismiss the case. Heart, whose real name is Richard Schueler, is charged with defrauding investors with more than $1 billion through unregistered securities sales on Hex, PulseChain, and Pulse X.

The U.S. Securities and Exchange Commission has accused Heart of using about $8. 9 million of investor funds from PulseChain to shop for luxury items such as Ferraris, Gucci, and a rare black diamond, the Enigma, which he bought for $4.3 million.

Other allegations are that Heart was marketing Hex as a staking product where investors would have to put their tokens ‘to stake’ and get a reward of 38% more tokens. As the agency pointed out, most of the demand for Hex was likely fraudulent, with 94%- 97% of the Ethereum (ETH) deposited in the related wallets being ploughed back into the crypto exchanges.

Jurisdictional and Fraud Dispute

Heart’s defense also argues that he resides in another country and has not taken any action targeted towards the United States thus raising an issue on the jurisdiction of the  SEC. Nevertheless, the agency argued that Heart had been present in the U.S. physically and virtually, as well as advertising to U.S. investors.

However, the US SEC pointed out that Heart’s actions are within the jurisdiction of the U.S. since he cannot escape the law by living in another country.

Concurrently, the United States Ninth Circuit Court of Appeals has recently partly reversed the dismissal of a class-action lawsuit against Binance US. In the lawsuit, he alleges that Binance US manipulated the price of HEX cryptocurrency.

Defense’s Argument and Rebuttal

Richard Heart’s lawyers state that Hex, PulseChain, and Pulse X are decentralized blockchain technologies and not investment contracts to be classified as securities. They compare Hex to Bitcoin, which the regulatory agency has recognized as not a security, and stress that Hex is nothing more than a code with defined functions.

As per Heart’s defense, the token holders of Hex tokens did not have to do anything more than use certain features of the software. Nonetheless, the U.S. SEC keeps affirming that Heart sold Hex, PulseChain, and Pulse X as investment contracts, which makes them securities as per the laws of the United States.

Moreover, cryptocurrency influencer Ben Armstrong, also known as BitBoy, defended HEX in a video in January, claiming that the project is not a scam. Armstrong noted that HEX’s staking model, which has been a subject of controversy, has always rewarded its users, even with the legal issues that the platform’s founder is facing.

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Kelvin Munene Murithi

Kelvin is a distinguished writer specializing in crypto and finance, backed by a Bachelor’s in Actuarial Science. Recognized for incisive analysis and insightful content, he has an adept command of English and excels at thorough research and timely delivery.

Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.





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BTC, US Elections, & Ripple’s XRP Spark Buzz

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2 hours ago

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November 10, 2024

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The dynamic realm of crypto closes yet another week, primarily with attention-nabbing developments unfolding across the broader sector. Bitcoin (BTC) price saw a considerable pump post-U.S. elections, whereas the broader market mirrored immense bullishness in light of Donald Trump’s win as the 47th president. Simultaneously, Ripple’s XRP stole the spotlight this week, witnessing remarkable developments.

So, here’s a brief overview of some of the top market headlines reported by CoinGape Media over the past week.

BTC & Crypto Market Mirrors Bullishness Post-US Elections

Notably, this week saw Republican Donald Trump winning the U.S. presidential elections 2024, proving highly bullish for the broader cryptocurrency market. CoinGape Media reported that BTC scaled a new ATH this week in light of the Republican’s recent win. Moreover, with the American elections concluding, a total of 242 pro-crypto candidates were elected to the U.S. House of Representatives. Also, 14 pro-cryptocurrency candidates were elected to the Senate. Overall, the latest U.S. presidential elections saw a substantial influence due to policies and standings on digital assets, ultimately proving bullish for the broader industry.

Meanwhile, market speculations that the U.S. SEC will drop a majority of the digital asset lawsuits persist in light of the pro-cryptocurrency candidate’s victory. Further, even speculations of SEC chair Gary Gensler’s resignation under Trump’s presidency persisted across the market this week.

In the interim, Dogecoin caught the eyes of market watchers globally, primarily in the wake of Elon Musk’s D.O.G.E. role under Trump’s cabinet. The meme coin soared nearly 50% over the past week, cementing investor optimism on the asset’s price movement.

Simultaneously, it’s noteworthy that new BTC wallets embarked upon an accumulation spree this week, bagging nearly $145 million worth of coins. Also, the U.S. Fed announced slashing the interest rates by 0.25 bps, adding to the optimism surrounding risk assets this week. In turn, BTC price soared to hit a new ATH this week at $77,507. Weekly gains for the flagship crypto totaled 13% amid the U.S. election buzz.

Ripple’s XRP Garners Attention

Meanwhile, Ripple’s XRP sparked significant market discussions this week, seeing notable developments in light of Trump’s win with a pro-crypto stance. Ripple CEO Brad Garlinghouse reflects immense optimism for the cryptocurrency industry in the wake of the Republican’s win.

Further, the odds of an XRP ETF gained substantial weight this week in light of Trump’s pro-cryptocurrency administration. Also, Ripple recently hinted at plans to launch a Dirham-backed stablecoin in the UAE. In addition, XRP price witnessed a 14% upsurge over the past week, reaching the $0.57 level.

Overall, the abovementioned developments set off waves of discussions across the digital asset industry this week.

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Coingape Staff

CoinGape comprises an experienced team of native content writers and editors working round the clock to cover news globally and present news as a fact rather than an opinion. CoinGape writers and reporters contributed to this article.

Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.





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US CPI, Fed Powell Speech Among 5 Key Crypto Events To Watch This Week

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4 hours ago

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November 10, 2024

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The crypto market eagerly awaits the US CPI inflation data this week, which is likely to decide the future path of the Federal Reserve’s monetary policy plans. Besides, a flurry of other key events, including Fed Chair Jerome Powell’s speech is also scheduled later this week. Notably, this comes a week after the US FOMC decided to cut interest rates for the second time this year.

US CPI, Fed Chair Powell Speech, And Other Events To Watch This Week

The US CPI is one of the most awaited events for this week, as it would shed light on the inflationary pressure on the nation. Besides, speculations also soared as the US Fed announced a 25 bps rate cut at last week’s FOMC, with many expecting a similar cut in December. According to CME FedWatch Tool data, there is about a 65% probability of the Fed announcing another quarter-basis rate cut next month.

In addition, the US PPI inflation data is also scheduled for next week, which would further provide cues on the country’s economic health. However, it’s worth noting that this set of inflation figures is likely to set the path for future Fed rate cuts despite the market anticipation over a 25 bps point cut again in December.

The recent Jerome Powell speech from last week was closely watched by the investors. Following last week’s US FOMC, the Fed Chair said that the central bank’s monetary stimulus remains restrictive while saying that the bank should maintain “an appropriate recalibration” of its policy plans.

Having said that, the market will closely watch this week’s speech of Fed President Jerome Powell. If Powell indicates any future hawkish move in this week’s speech, scheduled for November 14, it could significantly impact the market sentiment.

Monthly US Federal Budget And Fed Officials Speeches In Focus

Apart from the above-mentioned developments, the market will also keep a close track of other Fed official’s comments for clarity on the Central Bank’s future moves. On Tuesday, Fed Governor Christopher Waller, Richmond Fed President Tom Barkin, and Philadelphia President Patrick Harker are scheduled to speak.

Following that, the Dallas Fed President and St. Louis Fed President will speak just after the US CPI inflation release. Their comments will be closely watched by the traders who are seeking clarity on the potential impact of inflation on the central bank’s future decisions.

In addition, the weekly initial jobless claims are expected also scheduled for Thursday, which will shed light on the Labor market health in the US. Having said that, the market will keep a close track of these events, especially after a strong rally in the crypto market last week.

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Rupam Roy

Rupam is a seasoned professional with three years of experience in the financial market, where he has developed a reputation as a meticulous research analyst and insightful journalist. He thrives on exploring the dynamic nuances of the financial landscape. Currently serving as a sub-editor at Coingape, Rupam’s expertise extends beyond conventional boundaries. His role involves breaking stories, analyzing AI-related developments, providing real-time updates on the crypto market, and presenting insightful economic news.
Rupam’s career is characterized by a deep passion for unraveling the complexities of finance and delivering impactful stories that resonate with a diverse audience.

Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.





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Cardano Founder Charles Hoskinson Confirms Crypto Advisor Role Under Donald Trump

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6 hours ago

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November 10, 2024

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Cardano Founder Charles Hoskinson has confirmed plans to collaborate with the U.S. government under Donald Trump to help shape crypto legislation. The goal is to create clear regulatory frameworks for the cryptocurrency industry, which has faced years of uncertainty and regulatory challenges.

Charles Hoskinson revealed these plans during a recent address, where he emphasized the need for bipartisan support in developing crypto-friendly policies. This development comes as Cardano, along with other major blockchain networks like Bitcoin, faces ongoing regulatory scrutiny from U.S. agencies.

Cardano Founder Charles Hoskinson Crypto Advisor Role

Hoskinson stated that his company, Input Output Global (IOG), will establish a dedicated policy office to focus on crypto regulation. The office will work to integrate aspects of the Financial Innovation and Technology for the 21st Century Act (FIT21) and the Responsible Financial Innovation Act (RFIA) into a comprehensive legislative proposal. “I will work with lawmakers and the administration to get a bipartisan bill passed,” he said.

The Cardano founder highlighted the importance of cooperation across party lines, pointing out that the recent FIT21 bill passed in the House with over 60 Democrat votes, indicating growing support for bipartisan crypto legislation.

Charles Hoskinson’s statement also acknowledged the potential influence of a Republican-controlled Senate, House, and presidency in the coming years. He expressed optimism that the political environment could present an opportunity for the crypto industry to secure much-needed regulatory clarity. He remarked,

“This is the best opportunity we have ever had in the history of the industry to get clarity.”

This Is A Breaking News, Please Check Back For More

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Kelvin Munene Murithi

Kelvin is a distinguished writer with expertise in crypto and finance, holding a Bachelor’s degree in Actuarial Science. Known for his incisive analysis and insightful content, he possesses a strong command of English and excels in conducting thorough research and delivering timely cryptocurrency market updates.

Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.





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