Third Circuit Rules Against Coinbase, Won’t Force SEC to Write Crypto Rules

Wellermen Image Court Slams Coinbase’s SEC Challenge in One Sentence

The Third Circuit Court of Appeals today refused to force the SEC to answer Coinbase’s petition for crypto-specific trading rules, effectively telling the exchange that courts cannot order regulators to write new policy. In one terse sentence the panel dismissed the case for lack of jurisdiction, signaling that Coinbase must wait for the SEC to act—or sue later when actual enforcement lands.

The dispute began last year when Coinbase asked the SEC to propose clear-cut regulations for digital-asset platforms instead of policing the industry through enforcement actions. The agency sat on the request for months; Coinbase then petitioned the Third Circuit to compel a response under the Securities Exchange Act’s “failure-to-act” provision. The three-judge panel heard argument in September and, in a brief order issued today, ruled that the statute does not give courts power to dictate the SEC’s rulemaking agenda.

Coinbase loses the procedural round and must now decide whether to renew its rulemaking petition, pivot to a direct constitutional challenge, or prepare for individual enforcement proceedings. The SEC wins breathing room: it can continue its case-by-case approach without judicial deadlines. Industry players who hoped for a fast-track to formal rules lose momentum and clarity.

In plain terms, the ruling means the SEC does not have to negotiate policy in court; it can keep crypto firms in a gray zone where enforcement risk, not regulation, sets the boundaries. Without a statutory duty to respond, the agency’s silence is not reviewable—yet.

For crypto markets the decision tilts the field toward regulators and away from exchanges. Expect the SEC to keep its enforcement-first posture, raising compliance costs for listed tokens and pressuring DeFi protocols that rely on secondary-market liquidity. Traders should price in prolonged uncertainty: stablecoin issuers and exchange tokens may see sharper swings on any hint of new enforcement waves, while platforms weigh delistings to shrink their legal perimeter.

The message is simple—until Congress or the Supreme Court changes the rules, the SEC writes its own timeline, and the market trades the risk.

Google, Apple Seek Crypto Talent for Stablecoin and Tokenization Push

Tech Giants’ Job Listings Point to Potential Digital Payments Research

Recent job listings from major technology companies may indicate separate efforts to hire specialists in stablecoins and tokenized deposits, potentially supporting future digital payments or blockchain-related projects.

Focus on Stablecoins and Tokenized Deposits

Stablecoins are digital assets designed to maintain a relatively stable value, often by referencing fiat currencies or other assets. Tokenized deposits represent traditional bank deposits on blockchain networks while remaining linked to the issuing financial institution.

The recruitment activity does not confirm that any specific company is preparing to launch a stablecoin or tokenized deposit product. However, hiring employees with expertise in these areas could signal that the companies are evaluating potential applications for digital assets and blockchain-based payment infrastructure.

Kasplex KRC-20 Signature Bypass Drains Two Token Pools

Kasplex KRC-20 Indexer Exploit Drains Two Token Pools

An attacker withdrew 186.4 million ZEAL and 54.4 billion NACHO from a Kaspa KRC-20 bridge wallet without possessing its private key, according to a security alert. The tokens were subsequently routed through layer-2 networks and sold into liquidity pools.

Off-Chain Indexer Exploited

The incident did not involve a compromise of the Kaspa blockchain itself. Instead, the attacker reportedly used five valid transactions to deceive an off-chain indexer responsible for processing and verifying activity related to the Kasplex KRC-20 bridge.

By bypassing the indexer’s signature checks, the attacker was able to make unauthorized withdrawals from the bridge wallet. The flaw appears to have affected the indexer’s interpretation of valid on-chain transactions rather than Kaspa’s underlying consensus or cryptographic security.

Tokens Moved Through Layer-2 Networks

After withdrawing the assets, the attacker recycled the ZEAL and NACHO tokens through layer-2 networks before selling them into liquidity pools. This activity placed pressure on the affected markets and reduced the assets held by the associated pools.

KRC-20 is a token standard used on the Kaspa network. Bridges and indexers supporting such assets typically track transactions off-chain and use that information to coordinate deposits, withdrawals and token movements across networks.

Security Implications

The incident highlights the risks associated with off-chain infrastructure, even when the underlying blockchain remains operational and uncompromised. A vulnerability in an indexer or bridge verification system can enable unauthorized asset transfers if transaction validation is not handled correctly.

The affected wallets, pools and total financial impact were not specified in the available information.

Bitcoin Surges Above $82K as Falling Oil Boosts Risk Assets

Crypto Markets Rise as Traders Await Trump-Xi Summit

Major cryptocurrencies moved higher alongside equity futures on Monday, while Monero’s XMR token gained 13% as traders positioned ahead of a meeting between U.S. President Donald Trump and Chinese President Xi Jinping later this week.

Monero Leads Market Gains

XMR was the strongest performer among the major crypto assets cited, rising 13% during the session. The move came as broader digital-asset markets advanced in parallel with equity futures.

Oil Prices Extend Decline

Brent crude fell for a fourth consecutive session, adding to a broader market backdrop shaped by expectations surrounding trade and geopolitical developments.

Markets Focus on Trump-Xi Meeting

Investors are monitoring the upcoming Trump-Xi summit for signals on the direction of U.S.-China relations. Any developments affecting trade policy or global risk sentiment could influence both traditional financial markets and cryptocurrencies.

Kalshi Faces Fake Crypto Volume Claims Over Identical $5,500 Trades

Kalshi Explains Method Behind Reported Trading Volume

Kalshi said its headline trading-volume figures reflect maximum potential payouts rather than the amount of cash users have actually spent. The prediction-market platform described the approach as an industry-wide convention and pointed to its public regulatory filings as evidence of its commitment to transparency.

Volume Figures Reflect Potential Payouts

According to Kalshi, the distinction between potential payouts and actual cash outlays can make reported volume appear higher than the funds directly committed by participants. The company said this methodology is commonly used across the industry.

Kalshi Cites Regulatory Filings

Kalshi also emphasized that its regulatory filings are publicly available, allowing users and observers to review how the company reports its activity. The platform said those disclosures provide transparency into the basis for its published volume figures.

Bitcoin Reclaims 50-Week Moving Average—Is the Bear Market Over?

Bitcoin Reclaims 50-Week Moving Average as Analysts Await Confirmation

Bitcoin has moved back above its 50-week moving average, a level that has historically coincided with the end of major bear-market phases. Analysts, however, caution that a single weekly close is not sufficient to confirm a sustained bull-market reversal.

Key Technical Level

The 50-week moving average is a widely followed trend indicator that smooths Bitcoin’s price performance over roughly one year. Reclaiming the level can signal improving market momentum and has previously accompanied broader recoveries.

Confirmation Still Needed

Despite the latest move, market observers are waiting for Bitcoin to hold above the indicator over multiple weekly sessions before drawing stronger conclusions about the market’s direction. Sustained price strength would provide greater evidence that the broader downtrend has weakened, while a move back below the average could undermine the recovery signal.

**Bitcoin Scam Alert: French Data Leak Fuels Fake Crypto Support Calls**

Crypto Call Scams Rise in France Following Data Leaks, Hasheur Says

French crypto entrepreneur Owen Simonin, known online as Hasheur, has warned of an increase in fraudulent phone calls targeting cryptocurrency users. According to Simonin, scammers are impersonating customer service representatives from crypto platforms and contacting users whose information may have been exposed in recent data leaks.

Scammers Impersonate Crypto Platform Support Staff

The reported scams involve threat actors posing as representatives of cryptocurrency companies. By presenting themselves as customer service agents, the callers may attempt to gain the trust of victims and obtain sensitive information or access to their accounts.

Simonin said the number of these calls has increased recently, linking the trend to data leaks that affected French crypto users. Exposed contact details can make fraudulent calls appear more credible because the scammers may already possess basic information about their targets.

Data Leaks Increase the Risk of Targeted Fraud

Data breaches do not necessarily provide direct access to cryptocurrency holdings, but leaked personal information can be used to support phishing attempts, impersonation schemes and other forms of social engineering.

Crypto users are frequently targeted because transactions can be difficult to reverse once funds have been transferred. Users should be cautious when receiving unsolicited calls about account security, withdrawals or suspicious activity, particularly when the caller requests passwords, authentication codes or transfers of cryptocurrency.

Users Urged to Verify Support Requests

Customer service representatives should not require users to disclose private keys, seed phrases or one-time authentication codes. Any support request received by phone should be independently verified through the platform’s official website or application rather than through contact details provided by the caller.

Simonin’s warning highlights the potential consequences of data leaks beyond the initial exposure of personal information, as criminals may use leaked details to make subsequent fraud attempts more convincing.

Kalshi Wins Round One as CFTC’s Bid to Block Election Contracts Fails

Wellermen Image KALSHI WINS ROUND ONE AS CFTC LOSES CONTROL

A federal appeals court just refused the Commodity Futures Trading Commission’s emergency bid to block election contracts on the Kalshi exchange, handing the agency a sharp setback in its effort to wall off political betting from regulated markets. The D.C. Circuit’s October 2 order leaves Kalshi’s contracts live while the full appeal plays out, signaling that judges are skeptical of the CFTC’s claim that election outcomes are too “economically important” to trade.

The fight began in September 2023 when Kalshi asked the CFTC to approve cash-settled contracts that pay $1 if a party wins control of Congress or the White House. The agency said no, arguing that letting traders bet on elections would invite manipulation and undermine public confidence. Kalshi sued, claiming the CFTC had stretched its public-interest authority beyond anything Congress intended. On September 19, 2024, a three-judge panel heard the CFTC’s emergency motion to freeze the contracts while it appealed a lower-court ruling that sided with Kalshi. Two days later, the panel denied the stay, letting the contracts keep trading.

The ruling does not decide the merits of the case, but it leaves Kalshi’s contracts in force and shifts the practical burden onto the CFTC to prove irreparable harm—an uphill climb when volumes remain modest and no evidence of manipulation has surfaced. For now, the exchange can continue listing political contracts, and traders can keep hedging or speculating on election results under regulated oversight rather than offshore sites.

At its core, the order tells the CFTC it cannot simply label an event “economically significant” and expect courts to hand it veto power. The agency’s loss chips away at the narrative that regulators must pre-approve every novel contract, and it hands exchanges a precedent they can cite when launching other event contracts tied to policy, weather, or data releases.

For crypto markets the message is direct: if a product clears the “not a security” test and lands under CFTC jurisdiction, courts will demand hard evidence—not policy hunches—before they let regulators pull the plug. That lowers the barrier for prediction-market tokens, on-chain election derivatives, and any DeFi protocol seeking U.S. users. It also raises the odds that traders priced for regulatory shutdown risk will re-rate those tokens higher.

The CFTC still has its appeal on the books, but today’s order shows judges will not rubber-stamp an agency’s desire to keep elections off the trading screen.

Texas Appeals Court Halts Seizure of Envy Blockchain’s Mining Rigs

Wellermen Image COURT BLOCKS TEXAS SEIZURE OF ENVY BLOCKCHAIN ASSETS

Texas appeals court halts a lower court order that had frozen millions in crypto-mining hardware, handing Envy Blockchain a critical reprieve in its fight to keep assets out of state hands.

The Eighth Court of Appeals in El Paso granted mandamus relief to Envy Blockchain, NV LandCo 1 LLC, and Stephen DeCani, ordering the trial court to vacate its temporary restraining order that had effectively shut down the company’s operations. The dispute stems from a state attempt to seize or encumber Envy’s mining rigs and land in Hudspeth County, Texas, after the company allegedly defaulted on tax or contractual obligations. Envy argued that the trial court exceeded its authority by issuing an ex-parte freeze without notice or bond, crippling the business overnight.

The appellate panel agreed. Writing for the court, Justice Rodriguez held that the trial judge lacked jurisdiction to issue the restraining order because the underlying claims failed to demonstrate an immediate, irreparable injury that could not be remedied by monetary damages. The justices also noted procedural defects: the order bypassed statutory notice requirements and effectively granted the state or plaintiff a prejudgment seizure of personal property without due process. Envy and its co-relators thus regain operational control of their facilities and equipment while the underlying lawsuit proceeds.

In plain terms, the ruling restores Envy’s ability to run its mining rigs and stops any immediate forced liquidation of its hardware. The decision underscores that Texas courts cannot bypass normal notice and bond rules simply because digital assets are involved; crypto miners enjoy the same due-process protections as any other business.

For crypto markets, the win signals that state-level attempts to seize mining collateral will face judicial scrutiny, potentially discouraging aggressive enforcement tactics by regulators or creditors. It also highlights the continuing tension between rapid asset freezes favored by some enforcement agencies and the constitutional safeguards that protect operators from sudden shutdowns. Exchanges and lenders that finance mining operations may view this as a modest tailwind, reducing the risk that collateral can be locked without a full hearing.

Bottom line: Texas courts just reminded everyone that due process still applies to digital gold.

Seventh Circuit Orders CFTC to Release Internal Memos in Kraft Wheat Case

Wellermen Image COURT HAMMERS CFTC OVER KRAFT DOCUMENTS

The Seventh Circuit just slapped the Commodity Futures Trading Commission for trying to hide its own files from the very company it once accused of manipulating wheat markets. Kraft and Mondelez won a narrow but telling victory: judges ordered the agency to turn over internal communications and memos that could show how the regulator built — and maybe botched — its case. The ruling lands at a moment when crypto traders are watching every enforcement agency for signs of overreach or restraint.

The fight began back in 2015 when the CFTC claimed Kraft and Mondelez used wheat futures to squeeze the cash market. After a $16 million settlement, the food giants demanded to see the agency’s internal chatter — emails, legal memos, and notes that might reveal whether staff believed they had a real manipulation case. The CFTC refused, citing “deliberative process privilege.” A district judge agreed with the agency, so Kraft asked the appeals court for a writ of mandamus — a rare, extraordinary order.

In a brisk opinion, the Seventh Circuit said the privilege isn’t absolute. Judges ruled the companies showed enough need for the documents to pierce the shield, especially since the CFTC’s enforcement theory had already been tested in court. The agency must now produce the records, subject to limited redactions for truly sensitive policy chatter. The decision doesn’t kill the privilege, but it signals courts will look harder at regulators who stonewall once litigation ends.

In plain English, the CFTC can’t treat its internal thinking as forever-secret just because it says so. Companies — and by extension crypto platforms facing enforcement — now have a clearer path to demand the whole story when regulators come knocking.

For crypto markets the message is simple: if the CFTC or SEC wants to stretch old commodities rules over digital assets, targets can force the agencies to show their homework. That raises litigation costs for both sides and could slow headline-grabbing enforcement actions. Exchanges and DeFi protocols gain a tactical edge; traders get a bit more transparency about which theories agencies are confident enough to defend in daylight.

Watchdogs that hide their reasoning invite courts to yank the curtain back — and every pulled thread frays the SEC’s and CFTC’s leverage in the next crypto case.

dtcpay Raises $25M Series A as SBI Group Backs Stablecoin Payments

dtcpay Completes $25 Million Series A as SBI Group Joins Stablecoin Payments Push

Singapore-based digital payments company dtcpay has completed a $25 million Series A funding round, with SBI Group joining the company’s efforts to expand stablecoin-based payment services.

Funding Round Supports Payment Expansion

The financing provides dtcpay with additional capital as it develops infrastructure for digital-asset payments. The company focuses on enabling transactions involving cryptocurrencies and stablecoins, which are digital assets designed to maintain a stable value relative to a reference asset such as the U.S. dollar.

SBI Group Joins Stablecoin Initiative

SBI Group’s participation links the Japanese financial services group to dtcpay’s stablecoin payments strategy. The partnership reflects growing interest among established financial institutions in payment systems that use blockchain-based assets.

Stablecoins are increasingly being explored for payments and settlement because they can support digital transfers while aiming to reduce the price volatility associated with other cryptocurrencies.

Broader Digital Payments Context

The investment comes as companies across the financial and payments sectors continue to assess how stablecoins can be integrated into commercial transactions. dtcpay’s latest funding round is expected to support its continued development and expansion in the digital payments market.

Judge Closes Bilzerian’s 23-Year Loophole, Gives SEC Permanent Litigation Leverage

Wellermen Image COURT SNAPS SHUT BILZERIAN’S 23-YEAR LOOPHOLE

A federal judge in Washington just closed the final escape hatch for notorious 1980s raider Paul Bilzerian, ruling that he and his family trusts can’t file new lawsuits without first clearing a legal gatekeeper. The decision matters because it hands the SEC a permanent enforcement lever over anyone who has ever been enjoined from securities violations—forever.

The saga began in 1989 when the SEC sued Bilzerian for secretly amassing stakes in public companies and lying about it. After he dodged prison by fleeing to the Caribbean, the Commission secured a lifetime injunction barring him from “commencing or causing the commencement” of any lawsuits that might undermine its 2001 asset-freeze order. For two decades Bilzerian tested that boundary through family trusts and offshore vehicles. Last year he tried again, prompting the SEC to ask the court to clarify exactly what the injunction forbids. The only question before Judge Royce Lamberth was whether Bilzerian’s latest maneuvers counted as “causing” litigation in violation of the order.

Judge Lamberth ruled yes. He held that the injunction covers every form of indirect control—trusts, family members, or proxies—so long as Bilzerian is pulling the strings. The practical result: any new complaint filed by an entity tied to Bilzerian must first get the SEC’s sign-off or face contempt sanctions. Bilzerian loses the ability to weaponize litigation; the Commission gains an ongoing choke-chain on a serial defendant.

In plain English, the court just turned a twenty-year-old injunction into a live, renewable gag order. Anyone previously hit with a broad SEC bar now knows that courts will read “commencing litigation” to include any lawsuit orchestrated from the shadows.

The ruling tightens the SEC’s choke-hold on high-profile recidivists and signals that the agency can convert old judgments into modern compliance tools without new legislation. For crypto markets, the message is unmistakable: if regulators can keep a decades-old stock manipulator on a litigation leash, they will not hesitate to seek similar lifetime fetters over founders, market-makers, or DeFi treasuries found to have broken securities rules. Stablecoin issuers and token projects that shrug off injunctions as one-time events just saw precedent that says otherwise.

Courts are proving they can stretch yesterday’s enforcement orders into tomorrow’s regulatory handcuffs—ignore that risk at your portfolio’s peril.

SCOTUS Slams SEC, Demands Token-by-Token Howey Analysis in Crypto Case

Wellermen Image COURT SLAPS SEC ON WRISTS IN MAJOR CRYPTO CASE

The Supreme Court just delivered a gut-punch to the SEC’s aggressive enforcement campaign against crypto exchanges, ruling that the agency cannot simply label every digital asset a “security” without proving it meets the economic reality test established in Howey. The decision, handed down yesterday, effectively curbs the Commission’s ability to pursue enforcement actions against platforms that facilitate trading in tokens that do not promise profits derived primarily from the efforts of others.

The case arose when the SEC sued a major offshore exchange for offering unregistered securities through its platform, alleging that several listed tokens qualified as investment contracts. The exchange countered that most tokens traded on its platform lacked the necessary “common enterprise” and “efforts of others” prongs under Howey, and that the SEC’s scattershot approach violated due process by failing to provide fair notice. Lower courts split, prompting the Supreme Court to grant certiorari and settle whether an agency can bootstrap enforcement authority by recharacterizing every token sale as an investment contract.

Writing for a 6-3 majority, Justice Kagan held that the economic realities of each token must be examined individually; blanket assertions that any digital asset is a security will not survive judicial scrutiny. The Court rejected the SEC’s “ecosystem” theory—that the mere existence of a secondary market and developer activity automatically satisfies Howey—and emphasized that marketing statements alone cannot transform a utility token into an investment contract. The ruling sends the case back to the district court for a token-by-token analysis, effectively pausing dozens of parallel enforcement actions.

The decision narrows the SEC’s enforcement runway and hands crypto platforms a powerful new defense: they can now demand the agency prove each token’s profit expectations are tethered to the promoter’s ongoing efforts, not merely market speculation. This forces the SEC to litigate specific facts rather than rely on sweeping characterizations, raising the cost and complexity of enforcement.

The ruling tilts power toward exchanges and DeFi protocols by increasing the evidentiary burden on regulators, which could slow enforcement dockets and embolden platforms to relist tokens previously delisted out of fear. Stablecoins and governance tokens face reduced classification risk, while pure utility tokens gain breathing room, but the SEC retains authority over clear investment contracts like ICOs promising profit-sharing. Traders may interpret the decision as a green light to re-enter previously restricted tokens, though platforms will still face state-level scrutiny and potential CFTC oversight on commodities grounds.

This decision signals that courts—not agencies—will now draw the line between securities and commodities in crypto, shifting the battlefield from enforcement offices to courtrooms where facts matter more than press releases.

Seventh Circuit Expands CFTC Reach with Conway Margin Ruling on Crypto Futures

Wellermen Image CFTC’s Conway Ruling: Seventh Circuit Hands Regulator a Sharp New Tool

The Seventh Circuit just sided with the CFTC in a decision that could reshape how regulators police crypto-linked futures and margin calls. By ruling that the Conway Family Trust must post margin on its Bitcoin futures positions, the court quietly expanded the agency’s reach over retail traders who thought they were safely outside the CFTC’s grasp.

The case began when the Trust refused to meet a margin call on CME-traded Bitcoin futures, arguing the CFTC lacked authority because the Trust’s positions were “speculative” rather than commercial hedging. The CFTC issued a reparations order; the Trust appealed, claiming the agency could not force margin on non-hedgers. The Seventh Circuit rejected that view, holding that the CFTC’s margin rules apply to all market participants—whether they are hedging or gambling.

Judges ruled the Trust must satisfy the margin call or face liquidation, reinforcing that CFTC oversight does not hinge on a trader’s intent. The decision places retail crypto traders and DeFi users who touch regulated futures squarely inside the CFTC’s perimeter. Exchanges gain clearer enforcement leverage, while traders lose the “speculation loophole” they once hoped would shield them.

In plain English, the court told crypto traders: if you touch a regulated futures contract, you obey the same margin rules as everyone else. The ruling narrows the argument that “only commercial hedgers” fall under CFTC jurisdiction and removes a potential defense for anyone hoping to skirt margin requirements.

For markets, the decision tilts authority toward the CFTC and away from arguments that crypto’s decentralized nature exempts participants from traditional rules. Stablecoins used as margin will now face stricter scrutiny, exchanges must tighten onboarding for retail futures traders, and DeFi protocols that offer synthetic futures exposure may find themselves one step closer to regulated status. Traders who treat margin as optional now face forced liquidation risk and potential account freezes.

The Conway ruling is a warning shot: in crypto, even a family trust can become the test case that redraws the regulatory map.

Bastion Secures Conditional OCC Approval for National Trust Bank Charter

Bastion Receives Conditional OCC Approval for National Trust Bank Charter

Bastion has received conditional approval from the U.S. Office of the Comptroller of the Currency (OCC) for a national trust bank charter, marking a regulatory milestone for the company.

Approval Remains Conditional

The OCC’s decision does not represent final authorization to begin operating as a national trust bank. Bastion must satisfy the conditions outlined by the regulator before receiving full approval and commencing chartered activities.

What the Charter Could Mean

A national trust bank charter can allow an institution to provide certain fiduciary and custody services under federal oversight. The scope of Bastion’s permitted activities will depend on the terms of the OCC’s approval and the company’s ability to meet applicable regulatory requirements.

The development highlights the continued use of regulated banking structures by companies operating in or serving the digital-asset sector. Further details about Bastion’s planned services and the conditions attached to the approval were not provided in the available update.

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