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SEC Sues Consensys Alleging Unregistered Broker Activities via MetaMask

SEC Sues Consensys Alleging Unregistered Broker Activities via MetaMask

SEC Targets Consensys for Alleged Unregistered Broker Activities via MetaMask

In a significant development that has sent ripples through the cryptocurrency community, the United States Securities and Exchange Commission (SEC) Sues Consensys, the organization behind the popular Ethereum wallet service, MetaMask. The SEC’s lawsuit, filed on June 28, accuses Consensys of functioning as an unregistered broker and unlawfully offering and selling securities through its MetaMask Swaps feature since 2020.

Details of the SEC Complaint

The SEC’s complaint alleges that Consensys has amassed over $250 million in fees by facilitating crypto asset transactions and offering staking services without the requisite regulatory approvals. This lack of registration, the SEC argues, has deprived investors of essential protections that are standard in regulated financial activities.

The complaint details, “Since January 2023, Consensys has engaged in the unregistered offer and sale of securities in the form of crypto asset staking programs, and acted as an unregistered broker, through its MetaMask Staking service. By its conduct as an unregistered broker, Consensys has collected over $250 million in fees.”

Furthermore, the SEC accuses Consensys of acting as an intermediary in unregistered transactions by facilitating investments in staking programs offered by Lido and Rocket Pool, thereby acting as an underwriter for these securities.

Staking Programs Under Scrutiny

The SEC’s filing emphasizes that the staking programs provided by Lido and Rocket Pool should be classified as investment contracts. Investors in these programs, the SEC argues, are pooling their Ether (ETH) with the expectation of earning profits predominantly from the efforts of Lido and Rocket Pool’s management.

“The Lido and Rocket Pool staking programs each function as investment contracts and, therefore, securities. Specifically, investors contribute ETH to a common enterprise, expecting profits from the managerial efforts of Lido and Rocket Pool,” the complaint elaborates.

The SEC’s action is not isolated. In February, the Kraken crypto exchange agreed to a $30 million settlement with the SEC and stopped its staking services for U.S. clients following similar allegations. Coinbase is also currently fighting a legal battle with the SEC over whether its staking services constitute securities.

Understanding Staking

Staking is a process where cryptocurrency holders lock up their coins to support the operation and security of a blockchain network. Validators, chosen based on the amount of crypto they stake, are responsible for confirming transactions and creating new blocks, earning rewards in return. This mechanism not only secures the network but also offers stakers a form of passive income through rewards. Amidst these developments, the news that the SEC Sues Consensys has caused a significant stir in the crypto community.

At the time of reporting, Consensys had not responded to requests for comment regarding the SEC’s allegations.

This legal challenge by the SEC could have significant implications for the broader crypto market, particularly for services that offer staking. As the situation develops, further updates will be provided, shedding more light on the impact of this lawsuit on Consensys and the cryptocurrency sector at large.

Related: Ether ETF approvals show staking may still be a security in SEC’s eyes

This is a developing story, and more details are expected to emerge as the case progresses.

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