Kraken's reply memorandum to court in response to SEC letter in support to Kraken's motion to dismiss SEC case against Kraken for operating as unregistered securities exchange, broker, clearing agent
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Congress granted the SEC jurisdiction over securities
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To meet its pleading burden, the SEC must plausibly allege that Kraken acted as an unregistered exchange, broker-dealer, and clearing agent with respect to securities—here, “investment contracts.”
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In April 9th, 2024 filling to court Kraken argues that transactions on Kraken are blind bid/ask secondary market sales unaccompanied by any contractual terms that may have existed at the initial offering therefore are not investment contracts regulated by SEC
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