US SEC Sues Kraken For Operating Unregistered Crypto Trading Platform

US SEC Sues Kraken For Operating Unregistered Crypto Trading Platform


Published Monday 20th November 2023

The US Securities and Exchange Commission (SEC) has filed a lawsuit against Kraken, accusing the popular cryptocurrency exchange of operating an unregistered trading platform. The regulatory agency alleges that Kraken commingled customer and corporate funds while acting as an unregistered broker, clearing agency, and dealer. This is not the first time Kraken has faced charges from the SEC, as they settled previous charges just nine months ago. The SEC has also sued Kraken's parent companies, Payward and Payward Ventures, for allegedly operating as an unregistered online trading platform.

The lawsuit filed by the SEC highlights the ongoing regulatory scrutiny surrounding the cryptocurrency industry. The SEC has been cracking down on digital asset exchanges that operate without proper registration, aiming to protect investors and maintain fair and transparent markets. By accusing Kraken of operating as an unregistered platform, the SEC is seeking to enforce regulatory compliance and hold the exchange accountable for its alleged violations.

The SEC alleges that Kraken violated federal securities laws by offering trading services without registering as a broker-dealer, a clearing agency, or a dealer. According to the regulatory agency, Kraken failed to implement necessary investor protection measures, such as conducting background checks on employees and providing proper disclosures to customers. The SEC claims that Kraken's actions put investors at risk and hindered the integrity of the digital asset market.

This legal action against Kraken is not the first time the exchange has faced regulatory scrutiny. In a similar case last year, Kraken settled with the SEC and agreed to pay a $1.25 million fine for operating an unregistered securities exchange. The settlement required Kraken to implement various compliance measures and pay disgorgement and prejudgment interest. However, the recent lawsuit suggests that the SEC believes Kraken failed to fully comply with the terms of the settlement.

Alongside Kraken, the SEC has also sued Payward and Payward Ventures, the parent companies of Kraken. This move highlights the SEC's efforts to hold not just the individual exchange accountable, but also the entities behind it. By targeting the parent companies, the SEC aims to ensure that all entities involved in the operation of an unregistered platform face consequences for their alleged actions.

With the rapid growth of the cryptocurrency industry, regulatory agencies worldwide have been working to establish guidelines for digital asset exchanges. The SEC's lawsuit against Kraken serves as a reminder to all exchanges that they must comply with securities laws and register with the appropriate authorities. It also sends a message to the broader cryptocurrency industry that regulatory compliance is paramount and will be enforced.

As the legal proceedings unfold, it remains to be seen what impact this lawsuit will have on Kraken and the wider cryptocurrency industry. The outcome of the case will likely set a precedent for future enforcement actions against unregistered exchanges and may shape the regulatory landscape for digital asset trading platforms. In the meantime, it is essential for cryptocurrency exchanges to prioritize compliance and work towards building trust with regulators.

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