Advertisement
Is Bybit the Next Target? Coinbase Reports CFTC Initiated Investigations
- After Binance’s settlement and CEO resignation, the crypto community is abuzz, with Bybit possibly facing regulatory scrutiny.
- This comes as Coinbase has apparently notified customers of a CFTC subpoena, requiring user account information.
- Coinbase’s lawsuit by the SEC and the escalating SEC-CFTC rivalry highlight increasing regulatory challenges for U.S. crypto firms.
- This is exacerbated by aggressive actions post-FTX collapse, including charges against various crypto entities and individuals for securities violations.
A Mysterious Letter from Coinbase
After the Binance settlement and the resignation of its former CEO Changpeng ‘CZ’ Zhao created big waves for the crypto community, popular exchange Bybit may be next in line for regulatory scrutiny. Letters sent to Coinbase customers have made the rounds on X (formerly Twitter) alleging that Coinbase received a subpoena from The Commodity Futures Trading Commission (CFTC).
The letter stated that information concerning the user’s Coinbase account is subject to the subpoena. Compliance with this subpoena by Coinbase, including the provision of information about user accounts to the CFTC, is expected unless a motion to quash or other objection to the subpoena is filed with the Court before November 30, 2023. It stated that no action is required from the recipients regarding this matter.
We may access, read, preserve, and disclose information when we believe it is reasonably necessary to comply with law, legal obligations, regulations, law enforcement, governmental, and other legal requests, court orders, or for disclosure to tax authorities.
Coinbase
Speculations arose around what the intent behind all this is – some users on X pointed to the US Department of Justice (DoJ) planning further actions while others believed the FTX clawbacks were the cause.
SEC vs CFTC – A Crypto Turf War
Coinbase is currently in a lawsuit with the SEC for allegedly operating illegally as an exchange, broker, and clearing agency. U.S. crypto firms face increasing regulatory complexity amid a growing SEC-CFTC turf war. This intensified following the FTX collapse in November 2022, leading to a more aggressive regulatory stance. The SEC has launched numerous actions against crypto entities, including charging Gemini and Genesis Global Capital over an alleged unregistered securities offering, settling with Kraken to halt a rewards service, and signalling intent to sue Paxos over its BUSD stablecoin. Additionally, the SEC charged Justin Sun and several celebrities for market manipulation and illegal promotion of crypto tokens.
While some US politicians have called the SEC/ CFTC turf war an “industry fuelled narrative” others like Sheila Warren, CEO of the Crypto Council for Innovation begged to differ.
I think we have to take very seriously the political element here and the fact that in the United States we have these two regulatory agencies, the SEC and the CFTC in a turf war over who gets to regulate this space. It should not be missed that there is an element of politics being played out in the public sphere.
Sheila Warren, CEO of the Crypto Council for Innovation 
Author
Aaron Feuerstein
Aaron Feuerstein is a freelance writer based in Melbourne. His focus is on decentralised finance and the regulatory space surrounding blockchain. He holds a Master's in Accounting. When he is not studying the latest legal case, he enjoys his time as a modest but eager hobby cook.
