Bitget App
Trade smarter
Buy cryptoMarketsTradeFuturesStocksEarnInstitutionAI & More
Kraken makes another push to dismiss SEC lawsuit ahead of June hearing

Kraken makes another push to dismiss SEC lawsuit ahead of June hearing

The BlockThe Block2024/05/10 15:19
By:The Block

Kraken’s lawyers said in a court document filed on Thursday that the agency has “not identified any investment contracts that were (or could be) traded, brokered, or settled on Kraken.” A hearing to discuss Kraken’s move to dismiss the SEC’s lawsuit is set for 2 p.m. ET on June 12.

Kraken makes another push to dismiss SEC lawsuit ahead of June hearing image 0 Crypto exchange Kraken's lawyers argue in their latest court filing that the Securities and Exchange Commission's arguments don't hold weight as both sides are gearing up for a hearing in June. 

Kraken's lawyers said in a court document filed on Thursday that the agency has "not identified any investment contracts that were (or could be) traded, brokered, or settled on Kraken." 

Kraken also argued that the agency failed to satisfy elements of the Howey Test, a 1946 U.S. Supreme Court case frequently cited by the SEC, to determine if an asset qualifies as an investment contract and, therefore, a security.

In November, the SEC sued Kraken’s parent firms, Payward and Payward Ventures, for allegedly operating an online trading platform. In past court filings, the SEC has said the exchange has "created risk for its customers." Kraken moved to dismiss the lawsuit in February . 

A hearing to discuss Kraken's move to dismiss the SEC's lawsuit is set for 2 p.m. ET on June 12. 

Written contracts

The SEC has also pushed back against Kraken's assertion that an investment contract requires a written contract, according to an April filing . Kraken's lawyers, meanwhile, said they haven't said there needs to be a written contract.

"The word 'written' appears nowhere in Kraken’s Motion; nor did Kraken otherwise suggest a written contract was required," Kraken's lawyers said in Thursday's court filing. 

Kraken's lawyers also applied the "major questions doctrine" in its most recent filing. The doctrine, which has been often cited by crypto firms, says that if an agency wants to decide on an issue that has major national significance, it has to be supported by clear congressional authorization. The SEC has asserted that it is not "assuming new powers." 

"To argue that the SEC is assuming new powers in doing so here suggests that new technologies are beyond the scope of traditional securities law. They are not," the SEC said in the April filing. "Congress does not need to enact bespoke laws for each new technology that emerges." 

0
0

Disclaimer: The content of this article solely reflects the author's opinion and does not represent the platform in any capacity. This article is not intended to serve as a reference for making investment decisions.

Understand the market, then trade.
Bitget offers one-stop trading for cryptocurrencies, stocks, and gold.
Trade now!

You may also like

Updated: Delta Air Lines warns that as fuel prices hit profits, airline capacity will tighten further

Delta Airlines lowers its annual profit forecast due to an expected increase in fuel costs to $6 billion. The CEO stated that ticket prices have risen by about 20% this year, with limited passenger resistance. Analysts warn that maintaining high ticket prices in 2027 is critical for improving profitability. The article includes comments from the earnings call and analyst remarks. Rajesh Kumar Singh/Shivansh Tiwary, Reuters Chicago, October 9 - Delta Airlines (DAL.N) said on Friday that, despite strong travel demand and rising ticket prices, soaring fuel costs have forced it to cut its 2026 profit expectations by nearly a quarter. So, the airline industry may need to further limit flight growth next year to protect profitability. This warning highlights the increasingly tough challenges faced by U.S. airlines. While strong demand and restricted seat growth have allowed airlines to significantly raise ticket prices and offset higher fuel costs, aggressively increasing flights to capture more demand may intensify competition, making it harder to maintain high fares and protect profits. Based in Atlanta, Delta now expects its annual fuel expenditure to increase by about $6 billion compared to last year—about $2 billion higher than its July forecast—due to the Iran war (link) causing global jet fuel prices to spike. Airlines worldwide are preparing for a prolonged fuel shock. Michael O’Leary, CEO of Ryanair Group RYA.I, said Thursday that high jet fuel prices could persist for another 12-18 months (link), adding more pressure on airlines to raise fares and control costs. https://www.reuters.com/graphics/AUTOMATED-20261008/A4A-JET-FUEL-DAILY-1Y/xmpjwjnmbvr/chart.png “In a high-cost environment, you can’t simply grow your way out,” Delta CEO Ed Bastian said on the earnings call. He noted that the industry has already taken steps to restrict capacity, but more measures will be needed next year to improve profitability. Bastian said Delta raised ticket prices about 20% this year, and passenger resistance has been limited. He is confident that even if fuel costs eventually drop, the high fares can still be maintained. Delta lowered its adjusted annual earnings per share forecast from the July prediction of $6.50-$7.50 to $5.10-$5.60. According to LSEG data, the midpoint of the new range is below analysts’ average expectation of $5.46. Third-quarter adjusted earnings per share were $1.72, four cents below analysts’ average forecast. In midday trading, shares of Delta dropped 1.7%, United Airlines UAL.O fell 1.4%, and both American Airlines AAL.O and Southwest Airlines LUV.N were down about 1%. Delta partly shields itself from rising fuel costs by owning a refinery outside Philadelphia (link), which is expected to generate over $700 million in profits this year. Even with this buffer, the airline expects its fourth-quarter fuel price to rise from $3.61 per gallon in Q3 to $4.25 per gallon. Delta forecasts adjusted fourth-quarter earnings per share to be between $1.15-$1.65, with the $1.40 midpoint roughly matching analysts’ average expectation of $1.39. Fare increases Government data shows that in the first eight months of 2026, U.S. airlines spent $42.9 billion on fuel, an increase of $13.2 billion compared to the same period last year despite slightly reduced consumption. According to the U.S. Bureau of Labor Statistics, strong demand and limited seat growth pushed average U.S. airline ticket prices up by about 25% year-on-year between April and August. https://www.reuters.com/graphics/USA-AIRLINES/FUEL/lbpgdnbzwvq/chart.png Analysts at Melius Research said that despite surging fuel costs, Delta’s ability to raise fares helps keep second-half profits roughly stable. Still, they warn that the company’s profit margin has struggled to improve over the years. “It is critical for margin improvement to maintain or raise fares in 2027,” they wrote in their research report. With industry capacity growth expected to accelerate in Q4, this challenge will likely become even tougher. Deutsche Bank analysts expect the proportion of fuel costs recouped through revenue measures to fall in Q4 and predict full recovery won’t happen until early 2027. Bastian noted that low industry returns are another reason for limiting capacity growth. He said Delta will be cautious with its 2027 capacity plan until the fuel price outlook becomes clearer. He added that international routes may account for a larger share of Delta’s capacity expansion compared to domestic routes. Currently, Delta says its premium cabins and corporate travel business remain strong, and its economy cabin business is gradually improving. With Q4 ticket bookings already exceeding 60%, Delta expects revenue to increase about 20% year-on-year, despite limited capacity growth. Executives said early booking trends for Q1 2027 are also encouraging. (For the convenience of non-native English speakers, Reuters automatically translates its reports into several

路透社•2026/10/09 17:36

Wall Street giants to release financial reports next week: stock trading revenue expected to approach $19 billion, "everyone is a winner" may be a thing of the past

According to analyst expectations compiled by Bloomberg, the combined equity trading revenue of the five major U.S. banks in the third quarter will approach $19 billion, but fixed income trading revenue is expected to drop to its lowest point of the year, and M&A activity has also cooled. Meanwhile, AI-driven cash optimization tools may lead to deposit outflows, sparking concerns about bank stocks in the market. Analysts believe that while the profit performance of each bank may further diverge, market concerns about the impact of AI may be overblown.

华尔街见闻•2026/10/09 16:11