By
Steve Muchoki
April 26th, 2024
The judge Robert Shelby delivered a forceful criticism through an extensive 80-page ruling issued on March 18, 2024.
A federal judge in Utah has accused the Securities and Exchange Commission (SEC) of “gross abuse of power” in its legal action against the crypto platform Digital Licensing Inc (DL Inc.), known as DEBT Box. This incident highlights significant concerns regarding the SEC’s strategies for overseeing the cryptocurrency market.
The judge in the Debt Box case has issued an 80 page opinion sanctioning the SEC for egregious misconduct in the case.
The opinion is devastating to the SEC as an institution and to the particular lawyers who committed the misconduct.
The judge made it crystal clear that the…
— MetaLawMan (@MetaLawMan) March 18, 2024
The judge Robert Shelby delivered a forceful criticism through an extensive 80-page ruling issued on March 18, 2024. He mandated the SEC to refund DEBT Box for attorney fees and additional expenses resulting from the agency’s pursuit of a restraining order against the platform.
The court order regarding Shelby highlights several missteps by the regulatory body. In July 2023, the SEC filed a lawsuit against DEBT Box, asserting that the firm misled investors and amassed ill-gotten gains exceeding $49 million. As a result, in the same month, the court froze the company’s assets and placed it in receivership at the SEC’s request.
The court, however, reversed this freeze later. They concluded that the SEC may have provided statements that were substantially incorrect or misleading during the proceedings.
DEBT Box Case Exposes SEC Missteps
SEC attorney Michael Welsh raised concerns about investor funds being sent overseas by DEBT Box when requesting a freeze. However, when DEBT Box challenged this claim, Welsh acknowledged he lacked direct proof. His assertion stemmed from an “inference” partly based on a YouTube video posted by a DEBT Box representative.
The judge’s criticism extends beyond specific oversights. He maintains that every single piece of evidence employed by the SEC to initiate and uphold emergency limitations against DEBT Box turned out to be a combination of false, mischaracterized, and misleading.
The SEC’s handling of the DEBT Box case has faced widespread critique. Last December, Gurbir Grewal, the SEC’s enforcement chief, acknowledged defects and offered an apology. More recently, several Republican senators addressed a letter to SEC Chair Gary Gensler, emphasising how instances like this undermine public faith in the agency’s enforcement efforts.
SEC Decision Review Spurs Scrutiny
The crypto industry, which has long been at odds with the SEC’s regulatory approach, unsurprisingly amplified the judge’s rebuke on social media. However, it’s crucial to remember that Shelby’s order doesn’t address the underlying merits of the SEC’s case against DEBT Box. The judge emphasized that his focus was solely on the SEC’s conduct.
Regulatory agencies require supervision by people who understand the gravity of the matters they are supervising, said Paul Pelletier, a former federal prosecutor now working as a consultant. His remark emphasizes the potential need for a more robust system to ensure the SEC wields its power with due diligence and transparency.
“Regulatory agencies require supervision by people who understand the gravity of the matters they are supervising, […] It sounds like the supervisors were asleep at the switch here,” said Paul Pelletier.
The SEC has yet to comment on the judge’s specific criticisms but has stated they are reviewing the decision. This case is likely to be closely watched as it unfolds, with potential implications for the future of cryptocurrency regulation in the United States.
