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SEC Commissioner Releases Statement of Dissent Regarding Regulator’s Case Against LBRY

Lincoln Cavenagh by Lincoln Cavenagh
October 31, 2023
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A commissioner from the U.S. Securities and Change Fee (SEC) has launched a press release dissenting in opposition to the company’s enforcement motion in opposition to the blockchain-based file-sharing fee community LBRY.

In a prolonged assertion, SEC Commissioner Hester Peirce says that the SEC’s motion in opposition to LBRY is “puzzling” as there wasn’t a lot proof that the agency dedicated fraud.

“The Fee has introduced many troubling crypto enforcement actions, however the LBRY, Inc. (‘LBRY’) case has particularly unsettled me…

This unhappy actuality makes the Fee’s determination to deliver a case in opposition to LBRY particularly puzzling. LBRY’s strategy was extra conservative than the strategy many different tasks took. Right here, the blockchain was up and operating on the time most tokens have been offered, and the Fee’s grievance didn’t allege, and the court docket didn’t discover, proof of fraud.”

In keeping with Peirce, the SEC focused LBRY – which she believes offered a real-world software – quite than pursue different digital asset tasks that have been clearly partaking in unlawful actions. Moreover, Peirce says that the SEC’s enforcement actions in opposition to LBRY have been too harsh.

“Why go after an organization that offered a token for a functioning blockchain with a longtime use after we may have pursued loads of different tasks that have been outright frauds and didn’t try and adjust to the securities legal guidelines? To make issues worse, the Fee took a particularly hardline strategy on this case.

For instance, after successful on abstract judgment, the Fee sought financial treatments of $44 million and asserted that LBRY’s provide to burn all tokens in its possession was not adequate assurance that LBRY wouldn’t violate the registration provisions sooner or later. The Fee’s requested treatments have been completely out of proportion to any hurt.”

The SEC initially filed a lawsuit in opposition to LBRY in 2021, alleging that the corporate offered crypto property as unregistered securities. In November 2022, a decide ruled in favor of the regulatory company.

In Could, the SEC confirmed a little bit of mercy to LBRY, reducing a $22 million superb to $111,000.

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