1/ Recently, there’s been a lot of chatter about spot #Ethereum ETFs. I personally am not deterred by it and believe the ETFs should be approved. But right now I want to talk about how I think perceived “lack of SEC engagement” should be viewed at this point:
2/ In the final months leading up to #Bitcoin ETF approval, @Grayscale and others received positive and constructive engagement from the SEC. We had thoughtful conversations and discussed the finer details of creation/redemption procedures, cash v. in-kind, APs, LPs, custody etc.
3/ All of these issues were figured out and are identical when comparing spot #Bitcoin to #Ethereum ETFs. The only difference is rather than the ETF holding bitcoin, it holds ether. So in many ways, the SEC already has engaged and issuers simply have less to engage on this time.
4/ Perhaps I will feel differently as we get closer to final approve/deny dates in late May 2024, but at this point, I don’t think perceived lack of engagement from regulators should be indicative of one outcome or another.
5/ Further, I 100% agree w what others like @iampaulgrewal and @BrianQuintenz have said about why spot #Ethereum ETFs should be approved: consistency w ETH futures ETFs, regulation of ETH futures as commodity futures (vs. security futures), high correlation btw futures and spot.
6/ Investors want and deserve access to #Ethereum in the form of a spot Ethereum ETF and Grayscale believes the case is just as strong as it was for spot #Bitcoin ETFs. We look forward to engaging with the Commission on these important products. $ETHE
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1/ Yesterday @Grayscale sent a comment letter to $GBTC and other spot #bitcoin ETF files restating that the SEC is in a position to approve all spot bitcoin ETFs *now*, and also commenting on the recently proposed SSAs. This thread clarifies some high-level points of the letter:
2/ First, the SEC is already in a position to approve all spot #bitcoin ETFs. That's because the CME bitcoin futures market already has surveillance sharing through the Intermarket Surveillance Group - a global network of exchanges that share trading information.
3/ This is great. Because it means spot #bitcoin ETFs can be approved *today* even before the proposed SSAs with spot bitcoin markets are ready -- which will take time to actually enter into, build out the tech, gain regulators’ approval etc.
1/ There’s been a lot of conversation about @BlackRock’s filings for a spot #bitcoin #ETF. As there should be. The world’s largest asset manager ($8.6t AUM) entering bitcoin is a major milestone that underscores the maturity of #Bitcoin as an asset and its market structure.
2/ Amidst the chatter I’ve seen several flawed or misinformed takes. Here I’d like to present an objective view on how this should be interpreted from the perspective of someone actively involved in litigation to convert our own #bitcoin fund, $GBTC, to a spot bitcoin #ETF.
3/ There were two filings. The first filing was a Form S-1 Registration Statement. This registers shares under the Securities Act and allows them to be freely tradable on a national securities exchange after being created by authorized participants. sec.gov/Archives/edgar…
1/ As part of our suit challenging the SEC's decision to deny $GBTC conversion to a spot #bitcoin#ETF, @Grayscale just filed our Reply Brief with the DC Circuit Court of Appeals. Here’s what you need to know:
2/ This is the next major milestone since we filed the Petition for Review back in June, our Opening Brief in October, and the SEC’s Reply Brief in December. I shared a lot of important additional context earlier this week:
3/ In contrast to our Opening Brief, this Reply Brief is significantly shorter (41 pages vs. 100 pages) and addresses counterpoints made by the SEC in their brief, while also re-emphasizing key substantive arguments from our Opening Brief.
@Grayscale will soon file the next brief in our suit challenging SEC's decision to deny $GBTC conversion to a spot #Bitcoin#ETF. The case is moving swiftly. While timing is uncertain, oral arguments may be as soon as Q2. Final decision in DC Cir. App. Court could come by Fall.🧵
2/ A lot has happened in the #crypto industry since we first filed our lawsuit in June ‘22, but I continue to believe in the strength and merits of our common sense and compelling legal arguments:
3/ Our lawsuit is about determinations on *questions of law*. Despite the SEC’s historical reluctance, or current perceptions of the #crypto industry more generally, this is a legal case about fair and equal treatment under the law.
Last night our attorneys at Davis Polk sent a letter to the SEC arguing that approval of #Bitcoin futures-based ETFs, but not #Bitcoin spot-based ETFs, like $GBTC, is “arbitrary and capricious,” and therefore in violation of the Administrative Procedure Act (APA).
This is a new argument in the context of $BTC ETFs that wasn’t possible until the approval of the first #Bitcoin futures-based #ETF and subsequent rejection of yet another spot-based ETF. So, what is this new argument?:
The APA requires the SEC to treat *like* situations *alike* absent a reasonable basis for different treatment. This means the SEC must treat similarly situated investment products similarly.