Share this article

Blockchain Association Files Amicus Brief in Coinbase Insider Trading Case

The crypto lobbying group is arguing that the SEC is engaging in “absentee enforcement” because the creators of the nine tokens, that are at the center of the insider trading case, are not linked to the case.

Updated Feb 14, 2023, 5:44 a.m. Published Feb 14, 2023, 5:41 a.m.
Court (Tingey Injury Law Firm/ Unsplash)
Court (Tingey Injury Law Firm/ Unsplash)

The U.S. Securities and Exchange Commission (SEC) is attempting to create a “chilling effect” on the blockchain industry by labeling nine tokens at the center of an insider trading case as securities, but not giving the token creators a chance to defend themselves.

Last year, the SEC lodged a complaint against former Coinbase manager Ishan Wahi for tipping off his brother and close friend regarding new listings of tokens on Coinbase. Earlier this month, Wahi pleaded guilty to insider trading charges, changing his plea from not guilty. Wahi is still contesting the securities fraud charges.

STORY CONTINUES BELOW
Don't miss another story.Subscribe to the State of Crypto Newsletter today. See all newsletters

The tokens in question include AMP, XYO, LCX, POWR, RLY, RGT, DDX, DFX, and KROM. Data from CoinGecko indicates that these tokens trade in relatively thin volume, and don’t rank within the top 150 tokens the service tracks.

In court, Wahi’s lawyers have argued that these tokens are not securities, and therefore he cannot be charged for securities fraud.

The Blockchain Association, a Washington-based crypto lobbying organization, is seeking to advance that argument by saying that the SEC is engaging in “absentee enforcement” as the token creators are not linked to the case, nor, by statute, can they intervene or be otherwise heard.

“Such behavior is improper for a government agency, and is irreconcilable with due process concerns,” the docket reads. “The SEC’s motive, then, is merely to backdoor a precedent that can be used in other cases, as, indeed, it is already doing in other cases where the DOJ has brought an action, and the SEC has piled on with similar allegations of securities laws violations against absent third parties.”

In late December, the SEC called FTX’s former exchange token FTT a security in a complaint against FTX co-founder Gary Wang and former Alameda Research CEO Caroline Ellison. Neither Ellison nor Wang contested the complaint as part of a plea agreement.

“Rather than pursue proper rulemaking under the [Administrative Procedure Act] to address those issues, the SEC has instead issued a long history of inconsistent, incomplete, and confusing public statements, and has pursued a pattern of “regulation by enforcement,” the docket reads. “Now, the SEC extends its doctrine of ‘regulation by enforcement’ to ‘regulation by unchallengeable allegation’.

The Administrative Procedure Act (APA) is statute that outlines the procedures of administrative law, and how federal administrative agencies make rules and adjudicate.

The docket outlines in considerable detail, naming prior cases, how digital asset laws, and prior enforcement by the SEC, make the U.S. an opaque and confusing jurisdiction to do business in for the digital assets industry. All the while, there have been material changes to the tokens’ value because of the SEC’s actions.

“The SEC’s pronouncement that a particular token is a security has also already resulted in delisting from cryptocurrency trading platforms,” the docket reads, pointing to a delisting of one of the tokens by Binance.US out of an “abundance of caution.”

Wahi is due back in court on April 6. Wahi’s lawyers have filed a motion to dismiss the SEC’s complaint regarding securities fraud, by arguing the tokens in question are not securities, while still pleading guilty to insider trading and other charges.

Read more: Former Coinbase Manager Pleads Guilty to Insider Trading Charges: Reuters

More For You

Protocol Research: GoPlus Security

GP Basic Image

알아야 할 것:

  • As of October 2025, GoPlus has generated $4.7M in total revenue across its product lines. The GoPlus App is the primary revenue driver, contributing $2.5M (approx. 53%), followed by the SafeToken Protocol at $1.7M.
  • GoPlus Intelligence's Token Security API averaged 717 million monthly calls year-to-date in 2025 , with a peak of nearly 1 billion calls in February 2025. Total blockchain-level requests, including transaction simulations, averaged an additional 350 million per month.
  • Since its January 2025 launch , the $GPS token has registered over $5B in total spot volume and $10B in derivatives volume in 2025. Monthly spot volume peaked in March 2025 at over $1.1B , while derivatives volume peaked the same month at over $4B.

More For You

U.S. Senate's Crypto Market Structure Bill Gets Messy as Calendar Weighs Down

Senators Cynthia Lummis and Kirsten Gillibrand (Nikhilesh De/CoinDesk)

The White House has shut down proposals, and lawmakers are circulating the Democrats' asks in what had been a close negotiation, revealing 11th-hour pressure.

알아야 할 것:

  • Democrats shared a response to Republicans outlining their continuing priorities for a crypto market structure bill, which they said was intended to "reach an agreement and proceed towards a mark-up."
  • The document laid out concerns with financial stability, market integrity and public officials' ability to trade and profit off of crypto, echoing concerns laid out in a framework Democrats shared in September.
  • The Senate is running out of time in the Congressional calendar to hold a markup hearing — a key step toward progressing the bill — before 2025 ends.