The US Securities and Change Fee (SEC) has determined to not examine whether or not Ether (ETH) qualifies as a safety, based on Ethereum developer Consensys.
Consensys introduced on June 19 that the SEC’s Enforcement Division has formally closed its investigation into Ethereum 2.0.
“The SEC won’t deliver costs alleging that gross sales of ETH are securities transactions,” the agency said, describing the choice as a serious victory for builders, know-how suppliers, and trade stakeholders within the Ethereum ecosystem.
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The SEC’s determination adopted a letter from Consensys, despatched on June 7, asking the company to substantiate if it closed the investigation into Ether. This got here within the wake of the SEC’s approval of spot Ether exchange-traded funds (ETFs) in Might, which Consensys argued are primarily based on ETH being acknowledged as a commodity somewhat than a safety.
Laura Brookover, Consensys’ senior counsel, shared the SEC’s response letter, confirming that the company doesn’t “intend to advocate an enforcement motion.”
Consensys filed a lawsuit towards the SEC in April, shortly after the corporate obtained a Wells discover from the company. The discover advised that the MetaMask crypto pockets, a product of Consensys, may need been in violation of securities legal guidelines.
The lawsuit alleges that SEC Chair Gary Gensler and the Division of Enforcement, led by Director Gurbir Grewal, had been treating ETH as a safety since at the least 2023. Consensys highlighted that Grewal authorized a proper order of investigation into ETH’s safety standing on March 28, 2023.
Regardless of the SEC closing its probe into Ethereum 2.0, the lawsuit initiated by Consensys stays lively, underscoring ongoing tensions between the regulatory physique and the crypto trade.
In different information, the SEC has just lately rejected Ripple’s request for a lowered penalty, arguing it might be insufficient.
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