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Crypto Giant Grayscale Prevails Against SEC in ETF Battle

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In the realm of crypto, the plot thickens with each passing day. Crypto asset manager Grayscale Investments has just secured a major victory against the formidable United States Securities and Exchange Commission (SEC). It’s a tale of determination and resilience, one that could reshape the future of cryptocurrency investments in the United States.

The battlefield was the Grayscale Bitcoin Trust (GBTC), a giant in the world of Bitcoin funds. Grayscale had a bold vision – to convert its over-the-counter GBTC into a listed Bitcoin exchange-traded fund (ETF). However, their dreams were initially dashed when the SEC rejected their GBTC application, citing concerns about preventing fraudulent and manipulative acts and practices. It was a setback, but Grayscale wasn’t ready to throw in the towel.

In a move that would make any underdog proud, Grayscale fought back. They sued the SEC, seeking justice and a chance to prove their worthiness. And the winds of fate shifted in their favor. U.S. Court of Appeals Circuit Judge Neomi Rao delivered a ruling that could rewrite the script of this crypto saga. She ordered Grayscale’s petition for review to be granted and the SEC’s order to deny the GBTC listing application to be vacated. It was a victory, a glimmer of hope on the horizon. But, my friend, the story doesn’t end here.

The order doesn’t guarantee the eventual listing of a Grayscale spot Bitcoin ETF. It’s a step forward, but the path ahead remains uncertain. Michael Sonnenshein, the CEO of Grayscale, expressed cautious optimism, stating that their legal team was “actively reviewing” the court’s opinion. The future of crypto investments in the U.S. hangs in the balance, awaiting the next chapter in this unfolding drama.

To rewind a bit, this battle began on June 29, 2022, when the SEC denied Grayscale’s application to convert GBTC into a spot ETF. The very next day, Grayscale’s senior legal strategist, former U.S. Solicitor General Donald B. Verrilli Jr., took up the mantle, filing a petition for review with the United States Court of Appeals for the District of Columbia Circuit. Sonnenshein didn’t mince words, expressing deep disappointment and vehement disagreement with the SEC’s decision. It was a clash of titans, a testament to the high stakes in the world of crypto.

Now, let’s talk numbers. The Grayscale Bitcoin Trust is no small player in the crypto arena. It’s the largest Bitcoin fund traded over-the-counter, boasting a staggering $14 billion in assets under management. But it hasn’t been all smooth sailing. Earlier this year, shares of GBTC traded at a discount of nearly 50% to the net asset value. Why? Well, it was a result of Grayscale’s ongoing legal tussle with the SEC and concerns about its parent company, Digital Currency Group (DCG). The crypto world can be a turbulent sea, and even giants like GBTC aren’t immune to the waves.

In October 2022, Grayscale cut ties with its partner and digital currency broker, Genesis Global. It was a strategic move amid the ever-changing crypto landscape. Then, on November 16, 2022, Genesis Global hit the pause button on withdrawals, citing the chaos in the market triggered by the collapse of cryptocurrency exchange FTX. The domino effect continued, with Genesis also feeling the impact of the Singaporean crypto hedge fund Three Arrows Capital’s collapse, leaving a $1.2 billion debt unpaid.

The drama didn’t stop there. In January 2023, it came to light that DCG owed creditors over $3 billion. To navigate these rough waters, they considered a $500 million venture capital portfolio sale. Genesis Global found itself owing a whopping $900 million to users of cryptocurrency exchange Gemini’s Earn program. It was a financial whirlwind, a reminder of the volatility that can grip the crypto world.

In the midst of all this, the call for change echoed louder. The crypto community witnessed a historic moment when this article was turned into an NFT (Non-Fungible Token), a digital relic that preserved this chapter in the annals of crypto history. It was a nod to the power of blockchain technology, a symbol of support for independent journalism in the crypto space.

The saga continues, with each twist and turn shaping the destiny of digital currency in the United States and beyond. The battle for a Grayscale spot Bitcoin ETF is far from over, but the determination of Grayscale Investments and the resilience of the crypto world keep the story alive, one page at a time.

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