U.S. Securities and Exchange Commission

Ripple Labs plans to file a "cross-appeal" in the case against the SEC

ChainCatcher news, according to CoinDesk, Ripple Labs announced on Thursday that the company will appeal the ongoing case against the U.S. Securities and Exchange Commission (SEC) as part of maintaining its legal defense while the SEC's appeal in the case is under review by the appellate court.Earlier this month, the SEC filed a notice of appeal regarding the long-standing case against Ripple, which the regulatory agency first sued in December 2020. Chief Legal Officer Stuart Alderoty stated that Ripple's appeal aims to ensure that the company retains its views and arguments in the case, but he did not elaborate on what the company might argue in its motion. He said, "We are doing this to ensure that we leave no room for arguments, including the argument that an investment contract cannot exist without the fundamental rights and obligations in the contract."Similar to the documents submitted by the SEC last week, Ripple's initial filing is merely a notice indicating that a more comprehensive argument will be submitted in the future. Alderoty stated that both parties will fill out a form in the coming weeks to provide "a fairly high-level description" of their arguments, but neither the regulatory agency nor the company will disclose specific details before submitting their opening statements. The SEC's brief may be released around the end of January, while Ripple's opening brief (which will be combined with its opposition to the SEC's brief) will be released at a later time.

Bloomberg: A significant portion of the reserves backing TrueUSD is invested in a high-risk offshore fund

ChainCatcher news, according to Bloomberg, after an investigation, the U.S. Securities and Exchange Commission (SEC) has charged TrueCoin LLC and TrustToken Inc., the companies behind TrueUSD, with making false statements about the stablecoin being fully backed by U.S. dollars or equivalent currencies. It has been reported that a significant portion of the reserves supporting TrueUSD is invested in a high-risk offshore fund. Representatives of TrueUSD did not respond to requests for comment.Austin Campbell, head of a blockchain consulting firm, wrote on X: "The first rule is not to deceive your investors and users, and this clearly violates that rule. It's ironic that TrueUSD would do this." If, as Campbell suggests, the SEC's charges against TrueUSD are accurate, then this is a textbook case of fraud, not necessarily unique to "cryptocurrency." However, due to the branding effect of "cryptocurrency," TrueUSD can be said to reflect a problem unique to the cryptocurrency space.The media mentioned a previous report stating that TrueUSD's ownership structure is complex and opaque, with control shifting to an offshore entity named Techteryx Ltd., and its reserves being moved to a bank in the Bahamas. At that time, the company told the media that it moved funds to the Bahamas because the banking conditions for U.S. cryptocurrency firms were deteriorating. The failures of Silvergate Bank, Silicon Valley Bank, and Signature Bank had put many cryptocurrency companies in a difficult position. Like many U.S. cryptocurrency firms, TrueUSD's parent company was also eager to find new solutions to hold cash. In other industries, people would generally reject such moves; however, in the case of TrueUSD, many agreed. The reason people fall into this hype and misconception is that a core principle of cryptocurrency is that it is trustless, meaning you do not need to trust any third party. Therefore, people believe that assets on the blockchain offer a better solution than traditional finance.

Benchmark: MicroStrategy may soon generate revenue by lending its held Bitcoin

ChainCatcher news, according to The Block, Mark Palmer of investment bank and research firm Benchmark stated that the recent support for the development of the cryptocurrency sector may encourage MicroStrategy to start generating revenue by lending out a portion of its Bitcoin holdings. MicroStrategy Executive Chairman Michael Saylor has mentioned the idea of lending some of MicroStrategy's Bitcoin for yield, but he believes it is not feasible due to the lack of counterparties with sufficient financial strength and robust balance sheets, which makes him hesitant to take this step. Benchmark's Mark Palmer pointed out that this situation may soon change.At a public hearing last week, Senator Cynthia Lummis's chief legal advisor revealed that the U.S. Securities and Exchange Commission has granted a conditional exemption to Bank of New York Mellon from the agency's SAB 121 guidance, which requires entities that choose to custody crypto assets to list them on their balance sheets and create corresponding liabilities equal to the value of the cryptocurrencies. The largest custodian in the U.S., Bank of New York Mellon, seems to have obtained cryptocurrency custody permission. Palmer stated that if the SEC's lenient stance on digital assets and the growing institutional interest extends beyond financial institutions like Bank of New York Mellon to corporations, then MicroStrategy may soon be able to engage with large institutional counterparties to lend Bitcoin and feel more confident in repaying loans.In a report on Tuesday, Palmer wrote: "The revenue generated by MSTR from lending a portion of its Bitcoin holdings could offset the annual interest on its debt, and if the company is willing to lend out more Bitcoin, it could use the related revenue as another way to increase its holdings without involving any concerns about leverage or dilution." Palmer noted that after issuing convertible bonds and exiting preferred notes, MicroStrategy may gain greater flexibility in accessing capital markets due to its reduced interest expenses and increased unencumbered Bitcoin reserves. He wrote: "While the premium at which MSTR trades relative to its net asset value (NAV) is a point of contention among investors, we believe that the flywheel effect emerging from its Bitcoin acquisition strategy supports the argument that the premium is justified, and this is a feature of the strategy rather than a flaw."
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