U.S. Judge Shelby slammed the securities regulatory for serious misconduct.
The United States Securities and Exchange Commission (SEC) has come under intense scrutiny and potential sanctions following allegations of severe abuse of authority and misconduct against Utah-based crypto firm DEBT Box.
SEC Faces Sanction
U.S. District Judge Robert Shelby instructed the SEC to clarify its actions after attorneys representing DEBT Box expressed concerns about the regulator’s behavior and misconduct. Although the SEC acknowledged its errors, it appealed to the judge not to impose formal sanctions.
The case garnered attention following the defendants’ allegations that the SEC misrepresented crucial facts to secure a temporary restraining order, which froze assets on the crypto platform.
In a decision rendered on Monday, Judge Shelby dismissed the SEC’s appeal and underscored numerous instances of “bad faith” behavior. He held the agency accountable for its actions, saying it had “significantly compromised the integrity of the proceedings and the judicial process.”
Also, in an 80-page document filed by Shelby, sanctions were levied against the SEC, which mandates the agency to reimburse DEBT Box’s attorney’s fees and expenses associated with the restraining order. Additionally, the judge rejected the regulator’s plea to dismiss the lawsuit with prejudice, denying the SEC the opportunity to refile the lawsuit later.
SEC’s Integrity and Transparency in Jeopardy
Initially, Judge Shelby granted the SEC’s request, but later raised concerns about the accuracy of the agency’s information, which led to a demand for evidence.
In December, the regulator acknowledged and admitted errors, with enforcement chief Gurbir Grewal apologizing for the oversight. But the securities watchdog tried to avoid sanctions, contending against accusations of bad faith conduct. In January, the commission filed a motion to dismiss the case, asserting that sanctions were unwarranted.
The legal tussle started after the SEC filed an action against DEBT Box in July 2022 for allegedly that the crypto firm defrauded investors of nearly $50 million through the sale of unregistered securities. The regulator also requested for an ex parte temporary restraining order, a measure typically reserved for situations where there’s a risk of evidence tampering or fleeing the country.
The SEC claimed that DEBT Box executives were closing bank accounts and planning to depart from the United States.
In his judgement, Judge Shelby criticized the SEC for relying on its federal agency status to justify its actions, particularly in pursuing the restraining order. Shelby expressed concerns over the disruption caused to lives by granting the initial order.
He further highlighted the SEC’s repetition of factual inaccuracies and introduction of new falsehoods in subsequent court representations.
Shelby underscored that these matters couldn’t be brushed aside as unintentional mistakes. He concluded that the SEC’s lawyers deliberately made strategic decisions to present information, fully aware that without it, they wouldn’t be able to obtain the restraining order and asset freeze.
