1 00:00:00,040 --> 00:00:03,400 Speaker 1: We were joined by Paul Greywell Coinbase as chief legal officer. Paul, 2 00:00:03,400 --> 00:00:06,680 Speaker 1: thank you for joining us on the heels of this filing. 3 00:00:06,720 --> 00:00:10,520 Speaker 1: This is one hundred and one pages asking for a dismissal. 4 00:00:10,680 --> 00:00:15,000 Speaker 1: But beyond talking about the case itself, what I want 5 00:00:15,040 --> 00:00:17,040 Speaker 1: to talk about is some of the arguments you make here, 6 00:00:17,320 --> 00:00:20,200 Speaker 1: because you do talk about the SEC's process and vetting 7 00:00:20,239 --> 00:00:22,279 Speaker 1: Coinbase to begin with, prior to the IPO. 8 00:00:22,880 --> 00:00:23,959 Speaker 2: What do you tell. 9 00:00:23,760 --> 00:00:27,000 Speaker 1: People that the secse's job here was to kind of 10 00:00:27,240 --> 00:00:33,080 Speaker 1: have disclosures first and not necessarily questioning the company's business merits. 11 00:00:32,760 --> 00:00:36,159 Speaker 2: At that time? There is some question about whether that 12 00:00:36,280 --> 00:00:38,000 Speaker 2: argument stands. Well. 13 00:00:38,000 --> 00:00:41,080 Speaker 3: Good morning, Fanale, it's great to be with you. You 14 00:00:41,080 --> 00:00:44,559 Speaker 3: are absolutely correct that in April twenty twenty one, Coinbase 15 00:00:44,680 --> 00:00:47,199 Speaker 3: did list as a public company, and of course that 16 00:00:47,320 --> 00:00:51,600 Speaker 3: listing only was permitted after a six month exhauster review 17 00:00:51,880 --> 00:00:54,880 Speaker 3: by the SEC of our draft s one, our draft 18 00:00:54,920 --> 00:01:00,200 Speaker 3: registration statement and many many many documents, data polls, and 19 00:01:00,240 --> 00:01:03,200 Speaker 3: all the rest that were provided to the SEC so 20 00:01:03,240 --> 00:01:06,400 Speaker 3: that they could evaluate what kind of business was coinbased running. 21 00:01:06,760 --> 00:01:10,440 Speaker 3: Were we listing digital assets that fell within the scope 22 00:01:10,480 --> 00:01:13,840 Speaker 3: of the definition of a security under the federal securities laws. 23 00:01:14,120 --> 00:01:18,080 Speaker 3: What kind of assurances could investors have that this was 24 00:01:18,200 --> 00:01:21,560 Speaker 3: an appropriate investment to make under the federal law. The 25 00:01:21,600 --> 00:01:24,320 Speaker 3: fact of the matter is that when the SEC ultimately 26 00:01:25,240 --> 00:01:28,720 Speaker 3: permitted US to list in April twenty twenty one, they 27 00:01:28,760 --> 00:01:32,880 Speaker 3: did so under a very specific statutory mandate. The laws 28 00:01:32,880 --> 00:01:36,080 Speaker 3: that govern the SEC's authority in this area are clear 29 00:01:36,360 --> 00:01:40,040 Speaker 3: the SEC must give due regard to both the public 30 00:01:40,080 --> 00:01:43,920 Speaker 3: interest and the protection of investors. And so for an 31 00:01:43,959 --> 00:01:49,240 Speaker 3: exchange commission to now claim two years later, more than 32 00:01:49,280 --> 00:01:52,280 Speaker 3: two years later, that somehow we were running an unlawful 33 00:01:52,440 --> 00:01:56,000 Speaker 3: enterprise when their mandate requires to consider the protection of 34 00:01:56,080 --> 00:02:01,320 Speaker 3: investors and their very name suit requires them to apply 35 00:02:01,400 --> 00:02:05,200 Speaker 3: their expertise and securities and exchanges, doesn't It doesn't, It 36 00:02:05,200 --> 00:02:06,040 Speaker 3: doesn't make any sense. 37 00:02:06,080 --> 00:02:07,200 Speaker 2: Well, I'm kind of curious here. 38 00:02:07,400 --> 00:02:07,600 Speaker 3: You know. 39 00:02:07,640 --> 00:02:10,280 Speaker 1: Coinbase has said that the business model hasn't changed really 40 00:02:10,320 --> 00:02:13,760 Speaker 1: since CIPO, very materially, and the sense of it still 41 00:02:13,840 --> 00:02:16,240 Speaker 1: is in the heart of what the SEC has allowed. 42 00:02:16,440 --> 00:02:19,280 Speaker 1: But Coinbase has really added a lot more tokens to trade. 43 00:02:19,760 --> 00:02:21,920 Speaker 2: How hasn't it really changed? 44 00:02:22,880 --> 00:02:26,840 Speaker 3: Well, we have always looked to add assets that are 45 00:02:26,880 --> 00:02:31,440 Speaker 3: appropriate for not only our customers, but consistent with our 46 00:02:31,520 --> 00:02:34,079 Speaker 3: lawful authority. And finally, that's one of the reasons why 47 00:02:34,160 --> 00:02:38,480 Speaker 3: Coinbase has applied a rigorous vetting process in evaluating any 48 00:02:38,520 --> 00:02:42,440 Speaker 3: token or any crypto asset that has requested to be 49 00:02:42,520 --> 00:02:45,280 Speaker 3: listed on the platform. It's also one of the reasons 50 00:02:45,320 --> 00:02:49,440 Speaker 3: why more than ninety percent, ninety percent of the assets 51 00:02:49,639 --> 00:02:53,320 Speaker 3: that are taken under consideration and reviewed are rejected. And 52 00:02:53,360 --> 00:02:57,200 Speaker 3: so we're quite confident that our process is rigorous, that 53 00:02:57,240 --> 00:03:00,839 Speaker 3: it considers all of our legal obligations. And we're even 54 00:03:00,840 --> 00:03:03,840 Speaker 3: more confident because it's the exact same process that the 55 00:03:03,880 --> 00:03:07,200 Speaker 3: SEC reviewed back in early two twenty twenty one when 56 00:03:07,200 --> 00:03:09,040 Speaker 3: it allowed Coinbase to become a public company. 57 00:03:09,200 --> 00:03:11,840 Speaker 1: Now there's a lot of questions about how Coinbase plans 58 00:03:11,880 --> 00:03:14,440 Speaker 1: to expand abroad in the face of a lot of 59 00:03:14,440 --> 00:03:16,240 Speaker 1: what is happening in the United States, a lot of 60 00:03:16,240 --> 00:03:19,480 Speaker 1: the regulatory pushback across the industry. So what does this 61 00:03:19,639 --> 00:03:24,600 Speaker 1: mean for other potential places that you may expand Hong 62 00:03:24,680 --> 00:03:28,040 Speaker 1: Kong's lawmaker, for example, has invited Coinbase to apply and 63 00:03:28,080 --> 00:03:29,320 Speaker 1: register in the region. 64 00:03:29,600 --> 00:03:31,760 Speaker 2: Do you plan to well. 65 00:03:31,919 --> 00:03:35,920 Speaker 3: Coinbase has always operated as a global business because, of course, 66 00:03:36,040 --> 00:03:41,000 Speaker 3: digital assets and cryptocurrencies are very global, essentially global by nature. 67 00:03:41,600 --> 00:03:45,560 Speaker 3: In a recent quarter already something like twenty percent of 68 00:03:45,560 --> 00:03:49,000 Speaker 3: our top line revenue comes from our business operations and 69 00:03:49,080 --> 00:03:52,760 Speaker 3: markets overseas, and so operating in other jurisdictions. Looking for 70 00:03:52,840 --> 00:03:55,360 Speaker 3: other ways to expand is not only part of our history, 71 00:03:55,560 --> 00:03:57,480 Speaker 3: it's part of our mandate and our mission as a 72 00:03:57,520 --> 00:04:01,760 Speaker 3: company to bring cryptocurrency to everyone. We will always consider 73 00:04:01,800 --> 00:04:04,720 Speaker 3: the regulatory climate in every country in which we operate. 74 00:04:05,000 --> 00:04:07,400 Speaker 3: It is heartening to see countries all over the world, 75 00:04:07,680 --> 00:04:11,400 Speaker 3: the UK, Hong Kong, India, Singapore, the list goes on 76 00:04:11,440 --> 00:04:14,880 Speaker 3: and on adopting sensible rules for crypto that balance the 77 00:04:14,960 --> 00:04:18,240 Speaker 3: need to protect investors, of course, but also that promote 78 00:04:18,279 --> 00:04:21,640 Speaker 3: and protect innovation. It's just unfortunate that as the rest 79 00:04:21,640 --> 00:04:24,160 Speaker 3: of the world is rushing ahead, the US seems to 80 00:04:24,200 --> 00:04:25,560 Speaker 3: be leaving itself behind. 81 00:04:25,800 --> 00:04:27,719 Speaker 1: What kind of optimism do you have on kind of 82 00:04:27,720 --> 00:04:30,279 Speaker 1: another part of the market here, there's this question around tokens, 83 00:04:30,320 --> 00:04:32,920 Speaker 1: But then there's this huge question also around ETFs when 84 00:04:32,960 --> 00:04:36,680 Speaker 1: it comes to spot bitcoin trading. Here, Black Rocket filed 85 00:04:36,680 --> 00:04:40,400 Speaker 1: for that ETF, Bitcoin ETF and Coinbase is listed as 86 00:04:40,520 --> 00:04:42,159 Speaker 1: the custodian for those assets. 87 00:04:42,920 --> 00:04:45,000 Speaker 2: How much confidence do you have in. 88 00:04:44,960 --> 00:04:47,880 Speaker 1: The approval of a spot ETF, particularly the one you'll 89 00:04:47,920 --> 00:04:48,520 Speaker 1: be involved in. 90 00:04:49,400 --> 00:04:51,400 Speaker 3: Well, we take a lot of heart and have great 91 00:04:51,400 --> 00:04:54,359 Speaker 3: confidence that the market is responding to what Americans have 92 00:04:54,480 --> 00:04:58,039 Speaker 3: said about what they want in their financial future. You know, Chanale, 93 00:04:58,120 --> 00:05:01,279 Speaker 3: something like twenty percent of Americans have already bought or 94 00:05:01,360 --> 00:05:04,920 Speaker 3: sold digital assets in one form or fashion, and over 95 00:05:05,000 --> 00:05:08,839 Speaker 3: sixty percent believe that our current system needs a serious upgrade. 96 00:05:08,880 --> 00:05:12,000 Speaker 3: We think crypto is an important part of that, and 97 00:05:12,240 --> 00:05:15,360 Speaker 3: we think that the market is responding to the American 98 00:05:15,400 --> 00:05:19,080 Speaker 3: public's desire to have safe, regulated products as part of 99 00:05:19,080 --> 00:05:24,160 Speaker 3: their portfolio of financial services. When the government SEC in 100 00:05:24,200 --> 00:05:28,440 Speaker 3: particular stands in the way of that access, they're really 101 00:05:28,480 --> 00:05:30,560 Speaker 3: standing the way of what the American people have said 102 00:05:30,640 --> 00:05:31,840 Speaker 3: clearly they want. 103 00:05:32,520 --> 00:05:33,640 Speaker 2: We have to leave it here, Paul. 104 00:05:33,760 --> 00:05:35,240 Speaker 1: I will hope to have you back soon as we 105 00:05:35,440 --> 00:05:37,359 Speaker 1: watch both the ETF and the. 106 00:05:37,360 --> 00:05:40,039 Speaker 2: Approval process, as well as your case. Canc SEC. That 107 00:05:40,080 --> 00:05:42,279 Speaker 2: is Paul Graywell, coinbased Chief Legal Officer,