U.S. District Judge Robert Shelby has issued a stern warning to Securities and Exchange Commission (SEC) attorneys regarding potential sanctions for “deceiving” legal proceedings in a lawsuit against cryptocurrency company Debt Box, court records show documents.
The SEC obtained a temporary restraining order against Debt Box through statements that were later found to be false.
Judge Shelby, presiding over the case in Utah District Court, expressed concern about the SEC’s representation of Debt Box’s activities and ordered the watchdog to provide an explanation to the court in the coming days.
SEC vs Debt Box
The SEC had accused the company of illegally transferring investor assets and money abroad and used that explanation to secure an initial freeze on Debt Box’s bank accounts as part of the case against the company.
However, these claims were later found to be exaggerated, prompting the judge to consider sanctions against the SEC lawyers for their role in presenting these misleading arguments.
As defined by the U.S. legal framework, sanctions generally include monetary penalties and are imposed on parties who knowingly make false statements or violate legal process. This action comes in light of Debt Box proving it did not move funds outside the US or close its bank accounts, as previously alleged by the SEC.
The SEC filed a lawsuit against Debt Box in July, alleging that the company was selling unregistered securities known as “node licenses” starting in 2021. These licenses were allegedly presented as a means to mine cryptocurrency, which the SEC said was a facade for self-minting. crypto using computer code.
Judge Shelby’s recent order asks SEC attorneys to address his findings regarding their inaccurate and context-missing arguments about Debt Box’s alleged foreign fund transfer. The SEC has been given two weeks to respond to the judge’s questions.
Summons
Crypto attorney John E. Deaton noticed about the social media situation and says there is a need for more investigation into the SEC’s approach to cryptocurrency cases.
Deaton accused the SEC of consistently misleading the court in crypto cases over the past three years, suggesting a personal vendetta against the industry. He specifically singled out SEC attorneys Jorge Tenreiro and Gurbir Grewal for deliberately misleading the court.
Deaton’s tweet spotlighted broader issues, including judges’ criticism of SEC lawyers’ dedication to the law and the SEC’s disregard for Congressional investigations. He urged Congressman Patrick McHenry and other committee members to honor their oaths and provide strict oversight of SEC Chairman Gary Gensler and the SEC.
Deaton called on lawmakers to issue a congressional subpoena against the SEC – an unprecedented step. He argued that despite the potential for lawsuits, it is necessary to challenge the excessive power of the SEC and set a precedent against the excessive power of the administrative state.
