U.S. Regulation

SEC Sues Crypto Trading Firm Cumberland, Again Alleges Solana & Polygon Are Securities

The U.S. Securities and Exchange Commission announced Thursday that it has charged Cumberland DRW, a Chicago-based crypto trading firm, with various securities charges. In an announcement, the SEC said that Cumberland operated as an unregistered dealer in handling more than $2 billion worth of cryptocurrencies. 

The complaint alleges that Cumberland traded “crypto assets that are offered and sold as investment contracts on third-party crypto asset exchanges.” The SEC complaint mentions five assets that the regulator considers to be securities, including SolanaPolygonCosmosAlgorand, and Filecoin. The complaint notes, however, that it is a “non-exhaustive” list of such assets.

“Despite frequent protestations by the industry that sales of crypto assets are all akin to sales of commodities, our complaint alleges that Cumberland, the respective issuers, and objective investors treated the offer and sale of the crypto assets at issue in this case as investments in securities,” said Jorge G. Tenreiro, Acting Chief of the SEC’s Crypto Assets and Cyber Unit (CACU), in a statement.

“Cumberland profited from its dealer activity in these assets without providing investors and the market with the important protections afforded by registration,” Tenreiro added.

Cumberland did not immediately respond to Decrypt’s questions, but posted a statement on Twitter (aka X) that it wouldn’t be “making any changes to our business operations or the assets in which we provide liquidity” due to the lawsuit. 

We’re ready to defend ourselves again,” it added, referring to a 2018 lawsuitfrom the Commodities and Futures Trading Commission against DRW, which the investment firm won. Cumberland is the crypto trading subsidiary of Chicago-based investment firm DRW. It specializes in making institutional-sized markets in Bitcoin and other digital assets.
The SEC has hit a number of digital asset firms—including major American exchanges Coinbase and Krakenwith lawsuits for allegedly selling unregistered securities in the form of cryptocurrencies.  But the approach has attracted the ire of those in the industry and some U.S. politicians, who claim the regulator and its Chair Gary Gensler have adopted a “regulation by enforcement” approach to watchdogging the industry.
Terron Gold

Recent Posts

Nasdaq Bets $100 Million on Kraken Parent Payward to Put Wall Street Stocks Onchain

Nasdaq is deepening its push into tokenized markets with a $100 million investment in Payward,…

5 days ago

MoneyGram Turns Stablecoins Into Everyday Money With New Mastercard

MoneyGram is pushing stablecoins beyond crypto trading and remittances with a new payment card designed…

5 days ago

Hunter Biden’s LAPTOP Memecoin Crashes 98% Within an Hour After Wild $1.6 Billion Debut

Hunter Biden’s newly launched LAPTOP memecoin delivered exactly the kind of chaos critics warned about…

6 days ago

Jack Dorsey’s Block Wants a Federal Bank Charter for Bitcoin and Stablecoin Custody

Jack Dorsey's Block is making another major move into regulated finance, applying to create a…

1 week ago

ChatGPT, Claude, Gemini and Grok Go Down in Rare Simultaneous AI Outage

Some of the world's biggest AI platforms experienced overlapping service disruptions on Thursday, September 3,…

2 weeks ago

U.S. Government Puts GDP and Inflation Data Onchain With Chainlink

Official U.S. economic data is moving directly onto public blockchains. The U.S. Department of Commerce…

2 weeks ago