ð· BREAKING ð
SEC likely still believes SOL is a security, say crypto execs
Many crypto observers may be âoverreadingâ the security regulatorâs latest filing for its Binance lawsuit, meaning Solana and other tokens may not be off the hook yet.
The United States securities regulator hasnât necessarily let Solana off the hook as a security despite retracting its request for a court to decide on the matter as part of its Binance lawsuit on July 30.
âThere is no reason to think SEC has decided SOL is a non-security,â said Jake Chervinsky, chief legal officer at crypto-focused venture capital firm Variant Fund, in a July 30 X post.
Chervinskyâs post refers to the latest response from the US Securities and Exchange Commission, seeking to amend its complaint regarding the âThird Party Crypto Asset Securities.â Essentially telling the court it is no longer asking to determine whether the tokens listed in the lawsuit are securities or not.
While Chervinsky didnât expand on what that âlitigation tacticâ may be, he highlighted that the SEC still refers to the same tokens as securities in other crypto exchange lawsuits, including its one with Coinbase.
In separate posts, Miles Jennings, general counsel and head of decentralization at a16z Crypto, and Justin Slaughter, policy director at Paradigm, appeared to agree.
Slaughter argued that many are âoverreading this filingâ and that it doesnât mean the SEC has decided that Solana and other tokens are not securities.
Jennings explained that Judge Amy Berman Jackson had set such a high bar to establish the Howey test in the Binance case that it wasnât worth the SECâs time and effort to prove these tokens were securities.
Judge Katherine Polk Failla in the Coinbase lawsuit seems more âinclinedâ to agree with the SECâs position â therefore, it isnât worth making the same request made in the BINANCE lawsuit.
Source:Cointelegraph