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You are here: Home / Bitcoin Industry News / SEC Plans to Drop Its Case Against Kraken, Firm Says

March 3, 2025

SEC Plans to Drop Its Case Against Kraken, Firm Says

The U.S. Securities and Exchange Commission (SEC) has agreed to drop its ongoing enforcement lawsuit against American crypto exchange Kraken, according to a Monday announcement from the firm.

The SEC sued Kraken in November 2023, accusing the exchange of commingling customer and corporate funds while operating as an unregistered securities broker, clearing agency and dealer. Instead of settling with the SEC, Kraken chose to fight the charges, and a federal judge ruled the agency had a plausible case and should go to trial. Now, pending approval from the SEC’s commissioners, Kraken says the charges will be dropped “with prejudice, with no admission of wrongdoing, no penalties paid and no changes to our business.”

Kraken’s victory comes as the SEC continues its full-scale retreat from crypto enforcement cases and investigations that began during former Chair Gary Gensler’s tenure. The Commission’s new leadership has indicated a move away from the so-called “regulation by enforcement” practiced by Gensler, and has pledged to craft clear rules of the road for the crypto industry.

“The SEC’s decision to dismiss its lawsuit against us (and many others) is more than just a legal victory — it’s a turning point for the future of crypto in the U.S. It ends a wasteful, politically motivated campaign, lifts uncertainty that stifled innovation and investment, and clears the path toward a stable, forward-thinking regulatory regime,” Kraken said in a Monday blog post.

The SEC had previously filed in court to pause its ongoing cases against Binance and the Tron Foundation, as well as their affiliated executives and companies.

Though the SEC is dropping crypto cases like hot potatoes, not all defendants are off the hook yet. Several major companies, including Ripple and Cumberland DRW, the crypto trading arm of Chicago-based trading giant DRW, are still locked in legal battles with the regulator. And while many of the SEC’s crypto probes have been closed, and will not result in enforcement charges — including probes into OpenSea, Gemini, Robinhood Crypto and Uniswap, others into Crypto.com, Immutable, and Unicoin remain open.

Read more: As the SEC Continues its Crypto Litigation Retreat, Here’s What’s Still Outstanding

Author: Cheyenne Ligon

Filed Under: Bitcoin Industry News

Expert Witness

Ty Sagalow head shotTy Sagalow's unique background in legal, underwriting, policy drafting and claims – and his designation as a “qualified insurance expert” by the United States District Court for the Southern District of California – offers attorneys an unparalleled resource in D&O, E&O and Cyber insurance coverage disputes. He was also named "Most Helpful Expert" in a recent $8.7M coverage decision.

Mr. Sagalow served as Chief Underwriting Officer and General Counsel for AIG Executive Liability (formerly National Union Fire Insurance Company of Pittsburgh, PA), the world’s largest carrier of Directors and Officers Liability and Professional Liability Insurance. As General Counsel, Mr. Sagalow personally wrote or led teams that wrote all the D&O policies and many of the professional liability policies that AIG produced between 1988 and 2000 – policies which continue to serve as the foundational wording for the D&O and professional liability policies in the market today. As AIG Executive Liability’s Chief Underwriting Officer, Mr. Sagalow was charged with all underwriting interpretations and decisions for AIG D&O/E&O policies. In 2009, Mr. Sagalow headed up the team that rewrote all D&O policies for Zurich North America.

Ty is a cum laude graduate of Georgetown University Law Center and holds a LLM from New York University School of Law.

Bitcoin Insurance

Combining his talents as a network security insurance expert and an insurance product development expert, Ty Sagalow is the leading expert on the unique risk and insurance needs of the bitcoin industry.

With the successful sale of BitSecure(tm), the first bitcoin theft insurance policy in February of 2015, he is the first to create a sustainable, robust insurance policy to cover the theft of bitcoins and other virtual currency backed by an A-Rated, global “top 10” Property and Casualty insurance company.

Company Profile

Innovation Insurance Group is an insurance consulting firm and insurance brokerage founded by 30-year insurance executive, Ty R. Sagalow, former Chief Underwriting Officer, General Counsel and Chief Innovation Officer at AIG, and former Chief Innovation Officer at Zurich, NA and Tower Group. IIG focuses on three core practice groups: product development, expert witness services (primarily in the Management and Professional Liability areas), and bitcoin industry brokerage services.

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