The popular market maker Cumberland Global, a partner of Tether, has become the target of the U.S. securities regulator, potentially bringing the leading stablecoin issuer closer to regulatory scrutiny.
SEC’s Allegations Against Cumberland
On October 10, the U.S. Securities and Exchange Commission (SEC) announced that it had filed a lawsuit against Cumberland DRW LLC in the U.S. District Court for the Northern District of Illinois. The SEC accuses Cumberland of acting as an unregistered crypto asset dealer since March 2018, dealing in over $2 billion worth of assets that were offered and sold as securities.
The SEC alleges that Cumberland earned “millions of dollars in unlawfully obtained profits” through the buying and selling of these unregistered securities, thereby violating federal securities registration provisions.
Cumberland and Its Counterparties
Cumberland reportedly enabled over 1,500 individuals and entities to act as counterparties on their trading platform, Cumberland Marea, since its launch in early 2019. Among these counterparties were prominent participants in the crypto space, including hedge funds specializing in crypto assets.
Cumberland’s Profits
Cumberland has also engaged in proprietary trading on various exchanges, earning over $400 million in revenue and $27 million in profit since 2019. The SEC claims that Cumberland traded tokens such as Polygon, Solana, Cosmos, and Filecoin, which it considers to be unregistered securities.
Cumberland’s Response
Cumberland responded to the allegations, claiming that it had become the latest target of the SEC, which it accuses of stifling innovation and legitimate involvement in digital assets. The company states that it had engaged in five years of discussions with the SEC regarding its transactions, and this was the first time the SEC had identified specific contested trades.
Tether Ties
In 2021, Cumberland was revealed as the largest recipient of USDT (Tether), even surpassing Alameda Research, putting it in a position to confirm or deny Tether’s claims about issuing USDT in exchange for U.S. dollars.
Impact on the Crypto Industry
Cumberland pointed to its previous legal victory against the Commodity Futures Trading Commission (CFTC) and expressed its readiness to defend itself again, highlighting that its compliance framework meets all regulatory requirements.
This incident underscores the growing pressure on the cryptocurrency industry and its regulatory challenges in the U.S., which may have long-term implications for innovation and development in this space.
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