Fun

SEC tries again for Debt Box suit dismissal with option to refile

News Feed - 2024-05-15 06:05:08

Derek Andersen2 hours agoSEC tries again for Debt Box suit dismissal with option to refileThe SEC says case dismissal without prejudice is “normally granted” when a plaintiff requests it, but the court has criticized the agency’s current suit.334 Total views13 Total sharesListen to article 0:00NewsOwn this piece of crypto historyCollect this article as NFTJoin us on social networksThe United States Securities and Exchange Commission (SEC) has made another move in its attempt to have its case against cryptocurrency mining software firm Digital Licensing, doing business as Debt Box, dismissed. The agency filed a reply to its motion for the court to dismiss the case without prejudice, which would allow the agency to sue Debt Box again. 


The U.S. District Court for Utah Northern Division sanctioned the SEC for “gross abuse of power” and dismissed its first attempt to have the case dismissed without prejudice. It also ordered that Debt Box should receive reimbursement of legal fees. Debt Box asked the court not to dismiss the case without prejudice, calling the move a ploy to avoid permanent dismissal.The SEC reply in support of its motion to dismiss the Debt Box case without prejudice. Source: PACER


The SEC argued that the ability to refile an action was in the interests of Debt Box investors, and precedent showed that the court “normally should grant” a plaintiff’s request for dismissal without prejudice. It stated:“The SEC seeks dismissal without prejudice to allow the new team of attorneys assigned to the case to analyze the case file and take additional investigative steps before determining whether or not to proceed with a new complaint.”


The SEC’s lead attorneys in the case resigned after the agency was sanctioned by the court.


Related: US senators call SEC actions in Debt Box case ‘unconscionable’


If a dismissal were granted without prejudice, Debt Box sought to impose 11 conditions on the SEC if it refiled a case. The SEC agreed in whole or in part to most of those conditions. One condition was the use of a Wells notice—a warning from the SEC that intends to bring charges—and the completion of investigation files. The SEC sought to limit the material it would provide with the notice.Source: paulgrewal.eth


The SEC opposed a condition requiring it to provide Debt Box with all material it subpoenaed in the case and to have a representative present at non-subpoenaed interviews in the investigation. Finally, it opposed a condition to produce potentially exculpatory information—information that would be favorable to the defendant—from its investigation.


Debt Box is accused of defrauding investors of $50 million and selling unregistered securities in the form of licenses to use their software to mine digital assets.


The SEC temporarily froze the company’s assets in August. This decision led to the agency being sanctioned when the court found that it had used a “false narrative” relating to the company’s purported plans to relocate outside the United States to justify it. The SEC expressed its “deep regrets” over that action.


Magazine: Crypto regulation: Does SEC Chair Gary Gensler have the final say?# Fraud# Mining# Security# SEC# RegulationAdd reaction

News Feed

Biggest Movers: XRP Nears 5-Month High to Start the Week, Despite Crypto Market Consolidation
Biggest Movers: XRP Nears 5-Month High to Start the Week, Despite Crypto Market Consolidation Xrp moved back towards a five-month high on Monday, as prices surged for a third stra
Binance CEO: Russian Ruble to Be First Fiat-Crypto Trading Option
Cryptocurrency exchange Binance is soon to launch its first fiat-to-cryptocurrency trading pairs. Speaking at the Open Innovations 2019 conference in Moscow on Monday, CEO 
David Attlee11 hours agoWyoming stablecoin: Are state digital currencies even possible?The Stable Token Commission continues researching the potential implementation of stable tokens in Wyoming.647 Total views28 Total sh
Free from Tron: Steemit’s Blockchain Fork Hive Outperforms Steem Token Value
Free from Tron: Steemit’s Blockchain Fork Hive Outperforms Steem Token Value For weeks now, the cryptocurrency community has been fervently discussing the recent acquisition of
Indian Doctors Warn of Illegal Covid-19 Vaccine Sales for Bitcoin: Citizens Urged to Wait for Government Approved Vaccine
Indian Doctors Warn of Illegal Covid-19 Vaccine Sales for Bitcoin: Citizens Urged to Wait for Government Approved Vaccine Indian doctors have warned that the sal
Myria Has Announced Free-to-Claim Alliance Sigil NFT for All New and Existing Community Members
Myria Has Announced Free-to-Claim Alliance Sigil NFT for All New and Existing Community Members press release PRESS RELEASE.June 8, 2022:Myria Studios, the blockchain gaming divisio
First VR developer integrates with OpenAI, setting stage for no-code VR development
Zoltan Vardai10 hours agoFirst VR developer integrates with OpenAI, setting stage for no-code VR developmentVictoria VR’s new AI builder platform enables users to create virtual reality experiences and entire metaverse
Prashant Jha13 hours agoElon Musk rebrands Twitter Blue subscription services to X PremiumThe Blue subscription was launched as a way for users to buy the blue checkmark for their profile but later evolved to share ad re
Ezra Reguerra12 hours agoFBI seizes almost $2M of crypto assets in 3 monthsCrypto assets seized by the Federal Bureau of Investigation included Bitcoin, Ether, Tether, Monero and Dai.3020 Total views26 Total sharesListen
Bank of Russia Has Tools to Restrict Crypto Investments, Governor Hints
Bank of Russia Has Tools to Restrict Crypto Investments, Governor Hints The Central Bank of Russia has reaffirmed its opposition to cryptocurrency investments citing the volatility
Physicist explains how his ‘Power Law’ model got to $10M Bitcoin by 2045
Tom Mitchelhill3 hours agoPhysicist explains how his ‘Power Law’ model got to $10M Bitcoin by 2045The price of Bitcoin could increase by 6300% in the next 15 years, according to Giovanni Santostasi’s power law mode
Finiko Founder Doronin Offers to Testify Against 44 Accomplices at Crypto Pyramid
Finiko Founder Doronin Offers to Testify Against 44 Accomplices at Crypto Pyramid Kirill Doronin, mastermind of the Russian crypto Ponzi scheme Finiko, has proposed to testify agai