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An Unsettled Decision
A judicial ruling from a federal judge has upended the U.S. Securities and Exchange Commission's (SEC) refusal of a Grayscale Investments proposal for an exchange-traded fund (ETF) linked to its Bitcoin Trust. This isn't an immediate greenlight for America's premier spot Bitcoin ETF; experts emphasize that the court decision isn't a guarantee.
Same Product, Different Names
In the proceedings on August 29th held at the U.S. Court of Appeals for the District of Columbia Circuit, Judge Neomi Rao sided with Grayscale. She suggested that Grayscale's proposed Bitcoin (BTC) ETF closely resembled Bitcoin futures exchange-traded products, which the SEC had previously approved for trading. The judge disagreed with the SEC's ground for denying the ETF due to its inability to prevent fraudulent activities and instructed the commission to revisit the matter.
A History of Denials
So far, all applications from the U.S. for a spot crypto ETF have been denied by the SEC. However, applications from several high-profile companies like BlackRock, ARK Invest, and Fidelity are under review. The commission has provisions to delay decisions or push the final approval deadline to as far out as March 2024 for a majority of these applications.
Reactions from the Crypto Community
While the SEC has yet to make a public comment on the appeals court ruling, it has reportedly stated it will review the case to determine its next step. Experts suggest that Grayscale’s initial victory may be influential in future approvals, despite a likely SEC appeal.
The CEO of ETC Group, Tim Bevan, expressed confidence that spot BTC ETFs are on their way to the U.S. market, predicting a broad approval of applications in the first quarter of 2024. Lolli's CEO, Alex Adelman, said the ruling might push the SEC to reassess its reasons for rejecting past applications, while a representative from the Crypto Council for Innovation states that this ruling opens the door for a wider spectrum of investors to propose a spot BTC vehicle in the United States.
What’s Next?
Grayscale could possibly proceed with its application, or the SEC could appeal the ruling. The asset manager might refile with the SEC, tailoring the spot investment vehicle application to more closely resemble a Bitcoin futures-linked ETF. Alternatively, the SEC could lodge an "en banc" petition where all justices on the D.C. circuit - not just the three who ruled on the Grayscale appeal - would hear the case.
