DeFi Education Fund files lawsuit to exempt airdrops from SEC’s securities classification DeFi Education Fund files lawsuit to exempt airdrops from SEC’s securities classification
The lawsuit also argued that the SEC was in violation of the Administrative Procedure Act (APA) with its regulation-by-enforcement approach.
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Updated: Mar. 25, 2024 at 9:34 pm UTC
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The DeFi Education Fund, a crypto advocacy group, and Texas-based apparel company Beba LLC have jointly initiated legal proceedings against the US SEC to clarify the status of airdrops as non-securities offerings.
The March 25 court filing emphasized the need to halt the SEC’s regulatory actions, which the two entities perceive as an overreach into the emerging industry.
According to the DeFi Education Fund:
“The crypto industry is facing an existential threat from an overzealous regulator who is abusing its power by targeting our industry through unending aggressive enforcement actions. It’s time for the court to put an end to it.”
Consequently, the lawsuit seeks a declaration from the Court that airdropped tokens do not qualify as securities. Additionally, it aims to prevent the SEC from pursuing further enforcement actions within the sector.
‘Airdrops are free’
DeFi Education Fund Chief Legal Officer Amanda Tuminelli disclosed Beba’s apprehension regarding potential SEC scrutiny over its BEBA token airdrop.
To address this concern, Beba took legal action against the SEC to establish that the BEBA token airdrop does not constitute a security. The company asserts several grounds for this, notably the absence of monetary investment, lack of shared enterprise, absence of a reasonable expectation of profit, and absence of a contractual arrangement or scheme.
The lawsuit stated:
“The BEBA token airdrops are free, there is no common enterprise between Beba and token recipients, and there is no reasonable expectation of profits based on the efforts of others.”
APA violations
Furthermore, the lawsuit contends that the Gary Gensler-led Commission breached the Administrative Procedure Act (APA) by adopting a policy that asserted that almost all digital assets constitute investment contracts and most digital asset transactions qualify as securities transactions.
According to Tuminelli, this approach is a consistent pattern observed in the SEC’s enforcement actions against actors in the emerging industry. She noted that the SEC has failed to provide detailed guidelines for the sector because “they know they will face a massive backlash” and “they know Congress hasn’t given them the authority to cast such a wide net.”
She added:
“The SEC’s enforcement activities, whether they be subpoenas, secret investigations, or complaints filed in federal court, are unlawful and pose an existential threat to our future. They have to be stopped.”
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Gary Gensler is an American government official and former investment banker who President Joseph Biden nominated to chair the U.S.