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Court sides with SEC in mining device case

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A U.S. court has ruled that crypto mining boxes sold by Green United are securities, satisfying the SEC claims.

According to Bloomberg Law, Green United did not convince a federal court to dismiss a civil fraud lawsuit from the Securities and Exchange Commission, which accused the firm of misleading investors.

The lawsuit says the company’s mining equipment, known as “Green Boxes,” was part of a securities transaction.

What is the essence of the fraud?

In March 2023, the Utah-based mining company Green United was suspected of fraud. The Commission later charged the company with violating the Securities Act and selling fake assets worth $18 million.

All the details of the case were included in the SEC filing. It featured two people — the company’s founder, Wright Thurston, and the leading promoter, Kristoffer Krohn.

Thurston and Krohn positioned their business as green mining. They offered their clients the opportunity to invest in equipment and promised a monthly income of up to 50%. The minimum investment was $3,000.

The agency concluded that Green United had never been involved in green mining. They directed all client funds to mining Bitcoin (BTC) and took the profits for themselves.

“Unlike ERC-20 tokens (such as GREEN), certain crypto assets like Bitcoin use the process of mining to generate new tokens. With such crypto assets, a new token is mined as a reward for the miners who complete algorithms with cryptographic hash functions that verify new transactions on the Blockchain.”

The SEC believes that Green United defrauded its investors. The devices were sold with hosting agreements, under which the company would manage Green Boxes for investors, promising them huge profits. The U.S. District Court for the District of Utah, headed by Judge Ann Marie McIff Allen, agreed with the SEC.

According to the SEC, Green United did not mine tokens with its hardware despite its promises to investors. As a result, the company raised $18 million from people hoping to profit from crypto mining. Instead of fulfilling those promises, it purchased unmined tokens and deposited them into investors’ accounts.

This was allegedly done to simulate a successful mining operation. According to the SEC, GREEN’s mined currency had no actual value.

Green United claims no investors lost money

Responding to the SEC’s claims, Green United stated that no investors lost money and that the regulator’s allegations were baseless. The company argued that the SEC was trying to rewrite the law by classifying hosted mining as a security, which they say is common practice even among public firms.

In May, the company’s executives motioned to dismiss the SEC’s lawsuit. Thurston and Krohn claimed that Congress has considered and rejected the Commission’s authority to regulate the crypto sector. At the same time, the SEC had allegedly been “vague and inconsistent” in enforcing its measures against the industry through enforcement.

“It is fundamentally unfair and unconstitutional for a regulatory agency to leave an industry to guess at the meaning of the law from its hodgepodge of disjointed statements, inconsistent application, vague testimony, and unhelpful guidance.”

Court filing

Another argument made by Thurston and Krohn is the SEC’s unclear position on the Green Boxes. The regulator allegedly had not confirmed that the “boxes” are an investment contract or product.

However, the judge said the defendants failed to prove their innocence and refute the agency’s statements.

What else does the SEC consider securities?

In addition to mining hardware, the SEC equated the sale of NFTs to transactions in unregistered securities in August. This came to light during the indictment of the Impact Theory media company for selling non-fungible tokens (NFTs) as unregistered securities.

In addition, the SEC notified OpenSea that NFTs on the platform may be considered unregistered securities. The regulator also ruled against Flyfish Club, LLC, for conducting an unregistered offering of cryptocurrency securities by selling non-fungible tokens.

However, attacks on NFTs are much less common than on tokens. Regulator kept on claiming that all cryptocurrencies except Bitcoin should be considered as securities.

SEC clarifies the definition of securities for cryptocurrencies

In calling cryptocurrencies securities, the SEC is guided by the Howey test, a somewhat outdated legal framework developed back in 1946. Named after the SEC’s landmark lawsuit against W.J. Howey, this test determines whether an asset qualifies as a security. This is based on factors such as initial sales and fundraising campaigns, ongoing promises of project development, and the use of social media to promote the features and benefits of its protocols.

However, earlier in September, the SEC, in an amended complaint against Binance, stated that it never considered specific tokens as securities but took into account the full set of contracts, expectations, and agreements to sell the assets.

The statement completely contradicted the words of SEC Chairman Gary Gensler, who claimed that tokens are securities because there is a group of developers, and the public expects profits from the activities of this group. Thus, he argued that crypto investors hope to profit from the efforts of the project creators — just like shareholders of public companies.

This approach explains the SEC’s attacks on Green United — the company offered to invest in Boxes, promising profits in return.



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Bitcoin ETF inflows surge over $1b last week, miners see rally

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Bitcoin ETFs saw record inflows as miners expanded operations — analysts from H.C. Wainwright link a BTC rally to easing global monetary policies.

According to H.C. Wainwright’s latest report shared with crypto.news, Bitcoin (BTC) closed the week ending September 29 with a 3.2% rise, hitting $65,618. This contrasts with its usual trend, as September is typically a weak month for BTC. 

Historically, September has seen an average 3.7% drop, but this year’s gains suggest a shift. Analysts at the firm link this unusual rise to global central banks easing monetary policy, with 21 rate cuts in September. Such actions often boost BTC prices, as reflected by BTC’s surge after the Fed’s recent rate cut.

That said, crypto markets slumped on Oct. 1 as geopolitical tensions between Israel and Iran triggered a sell-off, causing Bitcoin to drop 3.9% and Ethereum (ETH) to fall over 6%. 

The conflict also impacted crypto-mining stocks, with Marathon Digital and CleanSpark shares declining by about 9% and 6%, respectively.

Spot ETFs and miner performance

According to the analysts, spot Bitcoin ETFs saw over $1 billion in inflows last week, marking the first such weekly inflows since July. This indicates strong investor interest, with $494.4 million arriving on September 27 alone. Since January, these ETFs have accumulated $18.8 billion in total inflows.

Miners also experienced a notable week last week. Mining stocks rallied 15.1% week-on-week as Bitcoin prices rose, leading to higher hash prices — a key metric that indicates miner profitability.

Positive developments in the BTC mining space

Analysts from H.C. Wainwight view the Bitcoin mining industry as poised for growth. Hut 8 began its GPU-as-a-service business, signing a five-year deal with an AI cloud developer. This deal is expected to generate $20 million in annual revenue. 

Meanwhile, Cipher completed its purchase of a new 300 MW mining site in West Texas for $67.5 million, expanding its operations. 

Additionally, Bitdeer tested its second-generation SEAL02 mining chip, hitting key efficiency targets and planning mass production in 2024.



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CryptoQuant CEO Reveals Where We Are This Cycle

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Este artículo también está disponible en español.

The Bitcoin mid-September rally has slowed down leading up to the end of the month. Although it ended September at a green monthly candle close, the cryptocurrency has fallen below the psychological $65,000 price mark again, with the fear and greed index returning from greed to neutral sentiment. This seems to have caused some second-guessing among Bitcoin investors. However, CryptoQuant CEO Ki Young Ju is not entertaining any such thought.

According to Ki Young Ju, Bitcoin is still in the middle of a bull cycle. This is positive news for Bitcoin investors, as the crypto industry is now transitioning into a historically bullish fourth quarter of the year. 

Bitcoin Bull Market Not Over

CryptoQuant CEO Ki Young Ju is part of fervent Bitcoin investors who remain unfazed by the recent price fluctuations. However, his stance isn’t just based on speculations but is backed by technical price data and analysis. Ki Young Ju draws his bullish outlook on the Bitcoin growth rate difference, which presents an interesting outlook on the cryptocurrency. Essentially, the Bitcoin growth rate difference compares the market cap of Bitcoin to its realized cap in order to gauge its bullish or bearish strength.

The market cap of a cryptocurrency is the total value of all coins in circulation, calculated by multiplying the current price by the total supply. In contrast, the realized cap takes into account the actual value paid for each BTC in circulation based on the price at which each coin last moved. A higher market cap growth rate suggests the spot price of the average coin has increased compared to the last it was moved.

According to a Bitcoin technical chart he shared on social media platform X, Ki Young Ju noted that Bitcoin’s market cap is still growing faster than its realized cap, which continues to point to a bull cycle. Notably, the analyst has mentioned in an earlier analysis of the growth rate difference that this trend, which started in late 2023, typically lasts for an average of two years. 

Bitcoin bull market
Source: CryptoQuant

What Does This Mean For BTC?

Going by past bull cycle trends, which Ki Young Ju noted typically lasts for about two years, Bitcoin is expected to continue in a bull cycle for at least more than a year going forward. Furthermore, current fundamentals point to steady growth for Bitcoin as inflows continue to pour in from institutional investors.

Speaking of institutional investors, Spot Bitcoin ETFs, which ended last week with the largest inflow ($494.27 million) since July 22, have begun the new week on a positive note. Particularly, they registered $61.3 million in net inflows yesterday, which is a sign of good things to come. Institutional involvement, especially through vehicles like Spot Bitcoin ETFs, is a crucial factor in BTC’s sustained price growth.

At the time of writing, Bitcoin is trading at $64,080.

Bitcoin price chart from Tradingview.com
BTC price fails to clear $64,000 resistance | Source: BTCUSD on Tradingview.com

Featured image created with Dall.E, chart from Tradingview.com



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Is Bitcoin Gearing Up For A Bigger Rally? Here’s What On-Chain Data Reveals

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Meet Samuel Edyme, Nickname – HIM-buktu. A web3 content writer, journalist, and aspiring trader, Edyme is as versatile as they come. With a knack for words and a nose for trends, he has penned pieces for numerous industry player, including AMBCrypto, Blockchain.News, and Blockchain Reporter, among others.

Edyme’s foray into the crypto universe is nothing short of cinematic. His journey began not with a triumphant investment, but with a scam. Yes, a Ponzi scheme that used crypto as payment roped him in. Rather than retreating, he emerged wiser and more determined, channeling his experience into over three years of insightful market analysis.

Before becoming the voice of reason in the crypto space, Edyme was the quintessential crypto degen. He aped into anything that promised a quick buck, anything ape-able, learning the ropes the hard way. These hands-on experience through major market events—like the Terra Luna crash, the wave of bankruptcies in crypto firms, the notorious FTX collapse, and even CZ’s arrest—has honed his keen sense of market dynamics.

When he isn’t crafting engaging crypto content, you’ll find Edyme backtesting charts, studying both forex and synthetic indices. His dedication to mastering the art of trading is as relentless as his pursuit of the next big story. Away from his screens, he can be found in the gym, airpods in, working out and listening to his favorite artist, NF. Or maybe he’s catching some Z’s or scrolling through Elon Musk’s very own X platform—(oops, another screen activity, my bad…)

Well, being an introvert, Edyme thrives in the digital realm, preferring online interaction over offline encounters—(don’t judge, that’s just how he is built). His determination is quite unwavering to be honest, and he embodies the philosophy of continuous improvement, or “kaizen,” striving to be 1% better every day. His mantras, “God knows best” and “Everything is still on track,” reflect his resilient outlook and how he lives his life.

In a nutshell, Samuel Edyme was born efficient, driven by ambition, and perhaps a touch fierce. He’s neither artistic nor unrealistic, and certainly not chauvinistic. Think of him as Bruce Willis in a train wreck—unflappable. Edyme is like trading in your car for a jet—bold. He’s the guy who’d ask his boss for a pay cut just to prove a point—(uhhh…). He is like watching your kid take his first steps. Imagine Bill Gates struggling with rent—okay, maybe that’s a stretch, but you get the idea, yeah. Unbelievable? Yes. Inconceivable? Perhaps.

Edyme sees himself as a fairly reasonable guy, albeit a bit stubborn. Normal to you is not to him. He is not the one to take the easy road, and why would he? That’s just not the way he roll. He has these favorite lyrics from NF’s “Clouds” that resonate deeply with him: “What you think’s probably unfeasible, I’ve done already a hundredfold.”

PS—Edyme is HIM. HIM-buktu. Him-mulation. Him-Kardashian. Himon and Pumba. He even had his DNA tested, and guess what? He’s 100% Him-alayan. Screw it, he ate the opp.



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