The recent decline of Bitcoin by approximately 20% from its year-to-date high raises questions about the broader performance of cryptocurrencies. In order to gain a better understanding of the market, it is imperative to assess the performance of tokens listed in the Coinbase and Binance lawsuits. These lawsuits, filed on June 6 and June 5, 2023, respectively, are currently the subject of court proceedings in the United States.
Background of the Lawsuits
The central issue in both the Coinbase and Binance lawsuits revolves around the classification of crypto assets as securities, which would subject them to regulation by the U.S. Securities and Exchange Commission (SEC). Tokens such as Alogrand, Solana, Cardano, Near, and Filecoin, among others, are the subject of these lawsuits. By examining their performance in comparison to Bitcoin, we can gain insights into how these assets have fared over the past 8 months.
Since the bankruptcy filing and subsequent collapse of FTX in November 2023, Bitcoin has experienced a significant surge of approximately 140% against the dollar. However, only two assets have outperformed Bitcoin in BTC terms during this period. Solana saw an impressive increase of 116%, while ICP experienced a modest rise of 9%. On the other hand, the majority of tokens listed as potential securities declined against Bitcoin, with losses ranging from -41% to -80%. Cardano performed relatively well, losing only 41% of its value against Bitcoin, whereas Chilliz experienced a significant decline of -80%. When considering their performance in dollar terms, Cardano increased by 50% while Chilliz saw a decline of -53%.
The issuance of SEC lawsuits against Binance and Coinbase in June 2023 had a profound impact on the cryptocurrency market. Bitcoin experienced a dip in value when Binance was served, falling from $26,800 to $25,300. However, when Coinbase was served, Bitcoin quickly regained its value before gradually declining to around $25,000. Several significant events influenced the subsequent movement of Bitcoin’s price. For instance, BlackRock’s application for a spot in Bitcoin ETF led to a price increase above $30,000. Nonetheless, a stock market sell-off in August reversed these gains, and Bitcoin traded sideways until Grayscale’s victory in court against the SEC. This victory propelled Bitcoin’s price to its eventual 2-year high of $49,000 on the day spot Bitcoin ETFs were launched. Since the C&B lawsuits, Bitcoin has risen by 47%, with assets such as Solana and ICP outperforming it by 169% and 49%, respectively. Near Protocol also saw a modest increase of 8% when compared to Bitcoin. However, the majority of tokens in question experienced a decline against Bitcoin within this timeframe, with Dash being the worst affected at -56%. Cardano was the least affected with a decline of -15%. When assessing their performance in dollar terms, Solana, ICP, and Near significantly outperformed Bitcoin, increasing by 286%, 265%, and 145%, respectively. Even Dash, the biggest loser against Bitcoin, managed to increase by 4% when priced in dollars.
The SEC lawsuits against Binance and Coinbase have garnered significant attention within the cryptocurrency industry. These lawsuits question the classification of tokens and the applicability of the Howey test to cryptocurrencies. Binance’s defense challenges the SEC’s comparisons to other court cases, such as Zakinov v. Ripple Labs, and questions the relevance of the Howey test. Similarly, Coinbase also contests the applicability of the Howey test to cryptocurrencies. The outcome of these lawsuits, which are being overseen by Judge Amy Berman Jackson and Judge Katherine Polk Failla, respectively, could have far-reaching implications for the industry. A victory for the SEC could result in digital tokens being classified as securities, leading to substantial changes in how these assets are handled and regulated in the United States. The rulings will not only set precedents for the regulation of digital assets but will also impact the tokens named in the C&B lawsuits.
The performance of tokens listed in the Coinbase and Binance lawsuits provides valuable insights into the broader cryptocurrency market. While Bitcoin has experienced a decline in recent months, it has still outperformed the majority of tokens listed in these lawsuits. The outcomes of the ongoing lawsuits will not only determine the classification of these tokens but will also shape the future regulation of digital assets in the United States. As the cryptocurrency industry continues to evolve, it is crucial to closely monitor these developments to gauge the overall health and performance of the market.
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