“The rulings that the SEC seeks to enchantment had been authorized determinations in regards to the existence of funding contracts based mostly on undisputed details. The undisputed details (e.g., Order at 23 (Programmatic Gross sales are ‘blind bid/ask transactions’)) current a authorized query – can an issuer’s affords and gross sales on crypto asset buying and selling platforms create an affordable expectation of income based mostly on the efforts of others? This authorized query is at difficulty in numerous pending instances, and a Second Circuit ruling may have ‘precedential worth,'” the filing said.
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