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Possibly expecting this unfairness argument to be raised by the defense, the complaint notes that brother and friend traded on and pre-launch on the Coinbase about to be listed on the Coinbase exchange, one of the largest digital asset trading platforms.
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What Is The Howey Test?All companies that offer securities must register with the SEC, and those that violate any regulations can face penalties from the commission. Based on that arrangement, the commission accused Howey of the offer and sale of unregistered securities in violation of the Securities Act. The court grounded its ruling squarely in the US Supreme Court's �Howey test,� from SEC v. SEC's evidence of scienter for its two fraud.
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