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Agency Refuses Subpoena For Gary Gensler’s Email Records

Agency Refuses Subpoena For Gary Gensler’s Email Records
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Latest Development In Coinbase Vs SEC Lawsuit

The ongoing Coinbase vs. SEC legal battle has intensified with the agency’s latest response. The SEC on August 5 refused to produce additional documents and emails from SEC Chair Gary Gensler, as requested by Coinbase. This refusal stems from the exchange’s broad discovery requests, which the SEC argues are "irrelevant" and unduly burdensome.

Coinbase’s Broad Discovery Requests

In the court filing, the regulator asserted that the requested documents do not pertain to the Coinbase vs. SEC lawsuit. The crypto exchange had asked the SEC to review and produce documents from 17 additional custodians. It hoped to find materials related to Coinbase’s platform and services, the named tokens, or the application of securities laws to digital assets.

SEC’s Response

However, the agency argued that this request fails to meet the relevance and proportionality requirements under Federal Rule of Civil Procedure 26(b)(1). In the Coinbase vs. SEC case, the agency said that these requests amount to a "fishing expedition of marginal utility." Moreover, they expect it to impose a "tremendous burden" on the agency.

Chairman Gary Gensler’s Emails

The exchange also sought documents to support its "fair notice" defense. It requires that regulations provide sufficient notice of what conduct is required or prohibited. However, the agency contended that such a defense does not justify sweeping discovery requests.

Denial To Produce Gary Gensler’s Email Records

The agency underscored the extensive efforts it has already undertaken in the Coinbase vs. SEC case. These include reviewing or producing nearly 357,000 documents related to the topics at hand. The SEC’s filing mentioned, "The burden of fishing through and logging over 3 million more documents cannot be justified." Moreover, it noted that the additional documents are likely to be privileged and irrelevant to the Coinbase vs. SEC case.

Conclusion

The Coinbase vs. SEC lawsuit has reached a critical juncture, with the SEC refusing to produce additional documents and emails from Chairman Gary Gensler. The agency has argued that Coinbase’s broad discovery requests are irrelevant and unduly burdensome, and that the exchange’s "fair notice" defense does not justify sweeping discovery requests.

FAQs

Q: What is the Coinbase vs. SEC lawsuit about?
A: The lawsuit is about the SEC’s claims that Coinbase’s cryptocurrency trading platform is unregistered and in violation of securities laws.

Q: What is the SEC’s response to Coinbase’s discovery requests?
A: The SEC has refused to produce additional documents and emails from Chairman Gary Gensler, citing irrelevance and undue burden.

Q: What is Coinbase’s "fair notice" defense?
A: Coinbase is arguing that regulations should provide sufficient notice of what conduct is required or prohibited.

Q: What is the outcome of the lawsuit so far?
A: The SEC has refused to produce additional documents and emails from Chairman Gary Gensler, and the case is ongoing.

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