KRAKEN SEEKS JURY TRIAL IN SEC LAWSUIT, PRESENTS DEFENSE ARGUMENTS
Kraken has requested a U.S. court for a jury trial in its fight against the U.S. SEC.
A California Judge ruled last month that the SEC's lawsuit against Kraken will proceed to trial.
Kraken suggested action had been taken against it for exercising its first amendment.
Crypto exchange Kraken has demanded a jury trial in the case brought against it by the U.S. Securities and Exchange Commission (SEC), a court filing Thursday showed.
A California Judge ruled last month that the SEC's lawsuit against Kraken will proceed to trial. The verdict came after similar rulings in cases brought on by the agency against Binance and Coinbase (COIN), which also face allegations of violating federal securities laws by not registering as a broker, clearinghouse or exchange with the SEC.
The SEC sued Kraken in the Northern District of California last November asking the court to permanently enjoin the exchange from further securities violations, seeking disgorgement of its “ill-gotten gains” and other civil penalties. The regulator listed ADA, ALGO, ATOM, FIL, FLOW, ICP, MANA, MATIC, NEAR, OMG, and the SOL tokens as the 11 unregistered securities.
In Thursday's court filing, Kraken reiterated its position denying that it has engaged in illegal conduct, responding to each allegation in the SEC's lawsuit and presenting 18 other defenses.
Kraken's legal argument appeared to be based on its interpretation of the Securities Act and the Exchange Act because neither includes digital assets. The exchange said it never registered with the SEC because it was never required to do so, and that it was not an exchange, a broker dealer or a clearing agent within the meaning of the Exchange Act.
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