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The SEC has decided to abandon its lawsuit against Debt Box, a crypto company previously accused of defrauding investors of millions. This decision follows the SEC’s acknowledgment of presenting misleading information in court, a revelation that undermines the agency’s case and credibility.
The U.S. Securities and Exchange Commission (SEC) has requested to dismiss its lawsuit against crypto startup Debt Box. The decision comes after the SEC admitted to making inaccurate statements in court.
The lawsuit, initially filed against Digital Licensing Inc., which does business as Debt Box, accused the company of defrauding investors of at least $49 million. The SEC claimed that Debt Box offered “node licenses” for mining cryptocurrencies that were never actually mined. This action was part of a broader crackdown by the SEC on cryptocurrency firms, under the leadership of Chair Gary Gensler who has repeatedly stated that most cryptocurrencies are securities.
However, the case took a turn when the SEC’s attorneys acknowledged that they had fallen short of the court’s expectations for accuracy and candor. This admission came after U.S. District Court Judge Robert Shelby in Utah criticized the SEC lawyers and demanded explanations for what he termed “false or misleading” statements.
The SEC had previously asserted that Debt Box was attempting to transfer assets overseas to evade U.S. jurisdiction, a claim that Judge Shelby found to be misrepresented. Judge Shelby gave the SEC a “show cause order,” which basically meant the SEC had to give a good reason or explanation for its actions.
In response to the court’s order to show cause, the SEC filed a statement on Jan. 30, stating,
While the Commission recognizes that its attorneys should have been more forthcoming with the Court, sanctions are not appropriate or necessary to address those issues.
The agency expressed its intent to dismiss the lawsuit without prejudice, leaving room for the possibility of refiling the case in the future.
The SEC’s decision to seek dismissal without prejudice has raised questions in the legal and financial sectors, particularly given the agency’s aggressive stance on cryptocurrency regulation. The Debt Box legal team responded sharply to the SEC’s actions, stating, “The SEC got this case wrong. Badly wrong,” and argued that the agency should not be allowed to continue promoting a false narrative to avoid dismissal.
Despite the SEC’s admission of inaccuracies and the subsequent move to dismiss the case, the agency has declined to comment beyond its public filings.
