Cointime

Download App
iOS & Android

Kraken says products remain unaffected amid SEC’s new ‘disastrous’ lawsuit

Cryptocurrency exchange Kraken says its operations are not impacted after the U.S. securities watchdog filed an “incorrect” and “disastrous” lawsuit against the firm on Monday.

Kraken’s comments follow the filing of a lawsuit by the Securities and Exchange Commission against the firm's parent companies, Payward and Payward Ventures, for allegedly operating as an unregistered online trading platform.

In its blog post, Kraken said that the lawsuit has no impact on its products and that it remains “fully committed to our U.S. and global clients and partners.”

Keep up with the latest news, trends, charts and views on crypto and DeFi with a new biweekly newsletter from The Block's Frank Chaparro

Also receive The Daily and our weekly Data & Insights newsletters - both are FREEBy signing-up you agree to ourTerms of Service and Privacy Policy

The suit follows similar actions against Coinbase and Binance, which the SEC alleges operate unregulated securities exchanges. Separately, the U.S. Department of Justice is reportedly seeking over $4 billion from Binance as part of a deal that could end an ongoing investigation, according to a Bloomberg report on Monday.

As for Kraken's regulatory brouhaha, the firm says that the complaint does not allege fraud.

“The complaint against Kraken alleges no fraud, no market manipulation, no customer losses due to hacking or compromised security, and no breaches of fiduciary duty,” Kraken wrote. “It includes big dollar amounts but does not allege a single one of those dollars is missing or misused – no ponzi scheme, no failure to maintain adequate reserves, and no failure to preserve the identity of client funds 1:1. Indeed, none of these things would be true.”

Specifically, the crypto exchange pointed out that the SEC’s argument that its products were investment contracts was “incorrect as a matter of law, false as a matter of fact, and disastrous as a matter of policy.”

Commenting on the lawsuit in a post on X, Faryar Shirzad, chief policy officer of Coinbase, said that the rule of law requires that the rulers apply actual laws. “It’s been a long honored tradition — and a legal requirement — since America’s founding. It’s also a critical underpinning of the government ruling by the consent of the governed.”

SEC points at risks of loss

In the lawsuit, the SEC argued that Kraken has at times held customer crypto assets valued at more than $33 billion, “but it has commingled these crypto assets with its own, creating what its independent auditor had identified in its audit plan as ‘a significant risk of loss’ to its customers.” 

"Similarly, Kraken has held at times more than $5 billion worth of its customers’ cash, and it also commingles some of its customers’ cash with some of its own," the SEC added.

In response, Kraken said in the post that the SEC could not and did not allege that any customer funds were missing, or any loss had occurred. “Nor does it allege that any loss will occur,” the company noted. “The complaint itself concedes that this so-called ‘commingling’ is no more than Kraken spending fees it has already earned.”

In the blog post, Kraken also made references with hyperlinks to the SEC’s previous lawsuits against Ripple and Coinbase, saying that the regulator “famously argues that digital asset trading platforms like Kraken can simply ‘come in and register’ with the agency.”

“As most securities law experts know, there is not a single law on the books supporting this position,” Kraken added. “The allegation is hollow; there is no such thing as an exchange, broker dealer, or clearing agency for investment contracts. The SEC is demanding compliance with a regime that doesn’t exist.”

In February, the SEC charged Kraken’s parent firms with failing to register the offer and sale of their crypto asset staking-as-a-service program. The parent entities settled the charges by paying $30 million in “disgorgement, prejudgment interest, and civil penalties.”

Comments

All Comments

Recommended for you

  • DMDAO Burns Nearly 35,000 Tokens Over the Past 7 Days, Bringing Total DMD Burned to Over 716,000

    On September 3, 2026, the latest on-chain data monitoring showed that from August 28 to September 3, 2026, the DMDAO distributed market-making protocol ecosystem maintained a high and stable level of activity, with a cumulative 34,928.27 DMD burned over the past 7 days.

  • Trump Shares Op-Ed Claiming He is Winning the War Against Iran

    On August 29, U.S. President Trump shared a commentary article from the New York Post on Truth Social on Saturday, which stated that he is winning the war against Iran and should maintain the current strategy. The title of the article Trump shared read: 'Trump is Winning the War Against Iran - Stay the Course.'

  • Morgan Stanley: 2028 as a Key Observation Point for Global Memory Competition Landscape

    On August 29, Morgan Stanley pointed out that the rise of Chinese memory manufacturers should not be viewed merely as a technological catch-up or low-cost substitution; what is truly noteworthy is that their production capacity may gradually become large enough to alter the supply structure of the global memory market. Changxin Technology and Yangtze Memory Technologies are currently entering the mainstream product market and gradually extending into high-profit markets such as HBM, high-end server DRAM, and enterprise SSDs. Morgan Stanley considers 2028 as an important observation point for the global memory competition landscape. From 2026 to 2027, demand for AI servers, capacity crowding of advanced wafers by HBM, import substitution, and the time required for customer certification may absorb most of the new supply from Chinese memory manufacturers. By 2028, as Chinese manufacturers expand production, the additional capacity from Samsung, SK Hynix, and Micron, which had previously initiated expansions, will also be released. At that time, the supply variables in the global memory market will significantly increase. Morgan Stanley estimates that Changxin's DRAM monthly production capacity will rise from 180,000 wafers in 2025 to 300,000 in 2026, accounting for approximately 13% of global DRAM wafer capacity and about 11% of bit shipments; by 2028, it is expected to further increase to 500,000 wafers, and by 2031, it could reach 800,000 wafers. If the expansion proceeds smoothly, Changxin's global DRAM bit shipment market share could approach 15% by 2030, and it may even have the opportunity to surpass Micron in production capacity around 2028, becoming the third-largest DRAM supplier in the world.

  • US Spot Ethereum ETF Sees Net Inflow of $102.17 Million Yesterday

    On August 29, according to monitoring by Trader T, the US spot Ethereum ETF recorded a net inflow of $102.17 million yesterday.

  • US Spot Ethereum ETF Sees Net Inflow of $102.17 Million

    On August 29, according to monitoring by Trader T, the US spot Ethereum ETF experienced a net inflow of $102.17 million yesterday.

  • US Spot Bitcoin ETF Sees Net Outflow of $201.81 Million

    On August 29, according to monitoring by Trader T, the US spot Bitcoin ETF experienced a net outflow of $201.81 million yesterday.

  • US Spot Bitcoin ETF Sees Net Outflow of $201.81 Million Yesterday

    On August 29, according to monitoring by Trader T, the US spot Bitcoin ETF experienced a net outflow of $201.81 million yesterday.

  • BTC Surpasses $78,000

    Market data shows that BTC has surpassed $78,000, currently priced at $78,009.49. The 24-hour decline has narrowed to 3.23%. Due to significant market fluctuations, please ensure proper risk management.

  • BTC Surpasses $78,000

    Market data shows that BTC has surpassed $78,000, currently priced at $78,009.49, with a 24-hour decline narrowing to 3.23%. The market is experiencing significant volatility, so please ensure proper risk management.

  • BTC Briefly Drops Below $77,000

    Market data shows that BTC briefly fell below $77,000, currently reported at $77,694, with a 24-hour decline of 3.3%. The market is experiencing significant volatility, so please ensure proper risk management.