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Kraken seeks jury trial to challenge SEC’s securities charges

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Crypto exchange Kraken has requested a jury trial to contest the SEC’s allegations that it operated as an unregistered securities exchange.

Crypto exchange Kraken has requested a jury trial in response to a lawsuit filed by the U.S. Securities and Exchange Commission, a court filing revealed on Thursday, Sept. 12.

Kraken’s court filing argues against the SEC‘s claims, asserting that the regulatory body has overstepped its authority. The exchange also claims the regulator’s approach lacks due process and fails to specify which transactions on its platform constitute investment contracts.

“The SEC has no authority to regulate Kraken’s digital asset trading platform […] because the digital assets are not securities or investment contracts, and sales of the digital assets on Kraken do not form the basis of investment contracts, within the meaning of the exchange act.”

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Despite Kraken’s efforts to engage with the SEC, the agency’s stance remains firm, as evidenced by its similar lawsuits against Binance and Coinbase. The SEC’s actions have been criticized by Kraken for lacking clarity and fairness, with the exchange demanding a “jury trial for all issues so triable.”

The move follows a California judge’s decision in late August, allowing the SEC’s case against Kraken to proceed. The SEC’s lawsuit, initiated in November 2023, accuses Kraken of operating as an unregistered securities exchange, broker, dealer, and clearing agency, citing over 10 tokens, including Cardano (ADA), Algorand (ALGO), Polygon (POL), and Solana (SOL), among others, as unregistered securities.



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BitGo

FTX to start bankruptcy payouts via Kraken, BitGo from Jan. 3

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Users affected by FTX’s 2022 crash will begin receiving bankruptcy distributions, with the option to receive payouts in stablecoins, through Kraken and BitGo.

The FTX estate confirmed that its bankruptcy disbursement plan will become effective on January 3, 2025, following court approval by U.S. District Judge John Dorsey in October.

Sunil Kavuri, a spokesperson for FTX’s largest creditor group, identified Kraken and BitGo as the confirmed distribution partners, citing the platforms’ payment capabilities. According to Kavuri, customers will have the option to receive repayments in stablecoins.

The plan, ruled by Judge Dorsey in Delaware, approved 98% of creditors to receive 118% of their claim value in early October. FTX’s decision to repay users in cash drew criticism from Kavuri and other bankruptcy claimants.

Yet, court documents showed that 94% of creditors with claims against the crypto exchange voted “Yes” to the plan. This group comprises nearly $7 billion in claims, according to the reorganization plan.

Bankruptcy administrator John J. Ray III commended his interim team for recovering about $16 billion in assets and cash for FTX creditors. Ray took over as CEO in late 2022, replacing Sam Bankman-Fried. Companies under the FTX umbrella, such as Alameda Research, also collapsed, and several of Bankman-Fried’s top associates signed plea deals with federal prosecutors in exchange for lighter sentences.

By November 2023, Bankman-Fried was found guilty on seven charges and sentenced to 25 years in prison for fraud. Under CEO Ray’s leadership, the defunct crypto exchange has worked to reconstruct the remnants of Bankman-Fried’s one-time crypto empire.

For the past two years, our team of professionals have meticulously and efficiently worked to recover billions of dollars to reach this point. The Plan becoming effective in January 2025 and the start of distributions are reflections of the outstanding success of the recovery efforts.

John J. Ray III, FTX CEO





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ASIC

Australia fines Kraken’s operator $5m for unlawful credit facility

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Kraken’s Australian entity, Bit Trade, is facing a multi-million fine for failing to comply with rules requiring a target market determination for its margin extension product.

The Australian operator of the Kraken crypto exchange, Bit Trade, has been fined AUD 8 million (around $5.2 million) for unlawfully issuing a credit facility to more than 1,100 customers, the Australian Securities and Investments Commission said in a Thursday press release, Dec. 12.

The Federal Court ruled that the company failed to follow Australian laws requiring financial products to have a target market determination to ensure they are sold to the right customers.

From October 2021, Bit Trade offered a margin extension product that “provided for margin extensions to be made and repaid in either digital assets like Bitcoin (BTC) or national currencies such as U.S. dollars,” the regulator says. However, the product was marketed without a required target market determination, a key regulatory document meant to ensure financial products are offered only to suitable customers.

The court found Bit Trade’s product breached design and distribution obligations requirements every time it was issued without a target market determination. Customers were charged fees and interest exceeding $7 million, with trading losses surpassing $5 million, the regulator claims.

One investor reportedly lost nearly $4 million using the margin extension product. Justice Nicholas, in his ruling, described Bit Trade’s actions as “serious and motivated by a desire to maximize revenue,” adding that the company failed to address compliance requirements until flagged by ASIC.

Commenting on the ruling, ASIC Chair Joe Longo called it a “significant outcome,” adding that “it is ASIC’s first penalty against an entity for failing to have a TMD and a reminder for digital assets firms to consider their regulatory compliance obligations.” In addition to the fine, Bit Trade was ordered to cover ASIC’s legal costs.



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Kraken

Kraken to close NFT marketplace by February 2025

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Kraken has announced the shutdown of its NFT marketplace to redirect resources toward new initiatives. 

The marketplace will transition into withdrawal-only mode on November 27, 2024, and fully cease operations on February 27, 2025, according to an email from Kraken seen by crypto.news. 

Kraken explained that the closure will allow the company to focus on undisclosed “new products and services.” Users are urged to withdraw their NFTs to self-custodial wallets or Kraken Wallets before the February deadline. 

Kraken’s support team will assist users in the transition.

The downfall of NFTs 

NFTs, or nonfungible tokens, are unique blockchain assets that verify ownership of digital or physical items. While they gained popularity during the crypto boom, the market has struggled to recover since the 2022 bear market. 

Kraken’s NFT marketplace, launched in beta in November 2022, aimed to tap into the growing interest in NFTs at the time. However, market conditions and shifting priorities have led to the decision to wind down operations.



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