Get a demoExplore data

SEC calls Coinbase’s motion to dismiss arguments ‘flawed’

The filing attempts to paint Coinbase’s misinterpretation of securities laws, accusing the exchange of shifting blame to the SEC for its current legal woes

article-image

danielo/Shutterstock, modified by Blockworks

share

On Tuesday, the SEC targeted Coinbase’s bid to dismiss its case, heightening discord between the regulatory entity and the publicly listed crypto exchange.

Recent court documents show the SEC’s focus is on whether Coinbase facilitated transactions in “investment contracts” without necessary registration, violating federal securities laws.

Contradicting Coinbase’s assertion that its platform couldn’t enable “investment contracts,” the SEC highlighted the exchange’s stance as erroneous, pushing for the case to proceed.

It’s an argument the regulator has long pursued in an attempt to bring the industry to heel, echoing its previous filings against the exchange in June.

Coinbase filed a motion to dismiss two months later, claiming the “subject matter” of the lawsuit “falls outside of the agency’s delegated authority.” 

In an effort to secure a response, Coinbase referred Blockworks to posts on X, formerly Twitter, by the exchange’s Chief Legal Officer, Paul Grewal.

https://x.com/iampaulgrewal/status/1709317028035862626?s=20

Drawing upon a longstanding landmark decision, the SEC is grounding its case on the well-known “Howey test,” a metric for determining investment contracts.

Howey stipulates that a deal must include the investment of funds in a shared venture, anticipating gains from others’ efforts.

The counter-filing portrays Coinbase’s alleged misunderstanding of securities regulations, implying that the exchange is redirecting blame towards the SEC for its ongoing legal challenges.

In its Tuesday response, the SEC contends Coinbase recognized, since 2016, the possibility of digital assets on its platform being designated as securities in relation to the Howey criteria.

The oversight body suggests that token producers influenced investors to anticipate an increase in asset values which Coinbase facilitated.

“This lawsuit cannot really come as a surprise to Coinbase. It has known all along that a crypto asset bought and sold on its trading platform is a security if it meets the Howey test,” the SEC said.

The commission also dismissed Coinbase’s attempt to leverage public statements by SEC Chair Gary Gensler, deeming his remarks as unrelated to the case’s legal standing.

“[The motion to dismiss] contends the SEC blessed Coinbase’s violative conduct when Coinbase went public, that SEC Chair Gary Gensler’s answer to a question at a Congressional hearing (which Coinbase distorts) controls this Court’s application of the federal securities laws.”

The SEC did not immediately respond to Blockworks’ request for comment.


Get the news in your inbox. Explore Blockworks newsletters:

Tags

Decoding crypto and the markets. Daily, with Byron Gilliam.

Upcoming Events

Marina Bay Sands Singapore

October 7, 2026

DAS Asia is a a single-day summit at Marina Bay Sands Singapore featuring conversations between the builders, investors, and global leaders are shaping the trajectory of the digital asset ecosystem in Asia & North America.

Hilton Park Lane, London

November 10-11, 2026

DAS London is a two-day summit at the Hilton Park Lane in London featuring conversations between the builders, allocators, and policy makers who are shaping the trajectory of the digital asset ecosystem in the UK, Europe, and North America.

Javits North

March 30-April 1, 2027

DAS NYC is a three-day summit at Javits North bringing together the builders, allocators, and policymakers shaping the future of digital assets across institutional finance and global markets.

recent research

Sponsored Article Template - DoubleZero White.png

Research

Every distributed system inherits the physical limitations, or advantages, of the network it runs on. Physics-bound systems can optimize their execution layers, compress their state, and parallelize their runtime, and still lose time they cannot recover to the speed of light through fiber and the routing decisions of carriers that are not optimized for consensus. The public internet routes traffic by least cost, not best performance. For a system where the order and timing of messages determine who earns and who loses, that is a structural tax and a measurable networking design flaw for traders.

The daily brief, in your inbox

Markets, protocols, and policy, read by 200K+ professionals.

Blockworks Inc.133 W 19th St., New York, NY 10011

Solutions

InvestorsExchangesEnterprisesOnchain Businesses

© 2026 Blockworks Inc.

TermsPrivacy PolicyPrivacy CenterNews Archive