Largest DEX receives wells notice from the SEC

[bbc.reporter]

This is another declaration that the SEC will continues using their tactic of regulation through enforcement. Similar to what is mentioned in the article, a wells notice is something sent to inform the receiver that a lawsuit will begin soon.

This will be bad, however, this will be good also. The bad will be for the market. It might cause a big dump on everyone's faces. The good will be something similar to what Ripple has done. The case will set a precedent for the whole cryptospace if the defendants have won.


The cryptospace's most hated uncle

Decentralized crypto exchange Uniswap received a notice from the U.S. Securities and Exchange Commission (SEC) that it intends to pursue an enforcement action, the company disclosed on Wednesday.

Uniswap CEO Hayden Adams announced the receipt of the so-called Wells notice on X, saying he wasn’t surprised, “just annoyed, disappointed, and ready to fight.”

Wells notices are preliminary warnings that inform respondents of the charges the regulator is considering bringing against them. They usually lead to enforcement actions.
In a press conference on Wednesday afternoon, Uniswap’s COO Mary-Catherine Lader and Chief Legal Officer Marvin Ammori told reporters that the content of the Wells notice was focused on Uniswap acting as an unregistered securities broker and unregistered securities exchange.

Read in full https://www.coindesk.com/policy/2024/04/10/defi-exchange-uniswap-receives-enforcement-notice-from-the-sec/

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[blckhawk]

Basically they're trying to eliminate DEXes and making them CEXes so the people that don't want to do KYC will have nowhere to run anymore because of this, I'm looking forward to the prices going down though, that's one thing that I think is a positive given how expensive it is to buy bitcoin right now, I'm welcoming any event that would lead bitcoin to dump in prices but overall this is still bad news for us I think, the anonymity and freedom that we're enjoying for a really long time seems to be thing that's slowly going away, I hope that in this case, the defendants would get the win though, let the DEXes live and they all should leave them alone.

[goldkingcoiner]

Not only is this another frivilous lawsuit, but it will go nowhere, same as with Ripple (XRP). DEXes cannot be regulated like CEXes. It is technically not possible. Gary is just bored at this point and lashing out at whatever.
 
Gary Gensler's claims that the existing securities laws are sufficient to police crypto but obviously he is comparing apples to oranges at this point.

[Oshosondy]

Not only is this another frivilous lawsuit, but it will go nowhere, same as with Ripple (XRP). DEXes cannot be regulated like CEXes. It is technically not possible. Gary is just bored at this point and lashing out at whatever.
 

What if SEC wins? We have been talking about this day may come if the SEC are looking for ways the so called decentralized exchanges has to make their customers to go through KYC before they can make use of their services just like what Jack Dorsey proposed when he has in mind to establish a decentralized exchange. It can be possible that the decentralized exchanges may later have no option.

[goldkingcoiner]

Not only is this another frivilous lawsuit, but it will go nowhere, same as with Ripple (XRP). DEXes cannot be regulated like CEXes. It is technically not possible. Gary is just bored at this point and lashing out at whatever.
 

What if SEC wins?

The only way they can win is by attacking centralized elements. If they win then that only proves that Uniswap is not as decentralized as it claims. I think we will see development of privacy-based and more decentralized DEXes as a response to SEC enforcing regulations on Uniswap. I never really understood the hype behind Uniswap in the first place.

[zasad@]

Not only is this another frivilous lawsuit, but it will go nowhere, same as with Ripple (XRP). DEXes cannot be regulated like CEXes. It is technically not possible. Gary is just bored at this point and lashing out at whatever.
 

What if SEC wins?

The only way they can win is by attacking centralized elements. If they win then that only proves that Uniswap is not as decentralized as it claims. I think we will see development of privacy-based and more decentralized DEXes as a response to SEC enforcing regulations on Uniswap. I never really understood the hype behind Uniswap in the first place.

I don't think the SEC will completely win here, but the SEC will have the opportunity to take a large fine from Uniswap and end the process with a peace agreement.

Decentralized exchanges already have projects of white lists and intermediaries for KYC. If the government wanted regulation, they would make clear rules and large decentralized exchanges would comply. But for some reason it seems to me that financial interests come first here.

[AbuBhakar]

How come a decentralized exchange can be regulated while users don’t have any account and just interacting through smart contract on exchange.

I don’t understand what’s the basis of lawsuit while the exchange is just dealing with bunch of shitcoins to shitcoins exchange without any USD involved. They should just stay regulating CEX like Binance because there’s a lot of potential irregularities happening on that exchange with too many pump and dump on new token listing.

[goldkingcoiner]

If the government wanted regulation, they would make clear rules

I agree. This is where the main fault lies: their traditional regulatory framework does not work for crypto. The demands of the SEC that decentralized crypto apps must follow their outdated framework is unreasonable and unenforceable.

[zasad@]

If the government wanted regulation, they would make clear rules

I agree. This is where the main fault lies: their traditional regulatory framework does not work for crypto. The demands of the SEC that decentralized crypto apps must follow their outdated framework is unreasonable and unenforceable.

The US has a very good regulatory framework, but still has a lot of problems defining what each coin is. One coin may be a commodity, and another a share, and, moreover, only part of the coins can be recognized as shares, because they were sold with violations.
I don’t think that the regulators there are stupid and can’t figure it out. This is a very convenient system for receiving large fines. Once all the big projects pay their fines, there will be good regulation.

[Solosanz]

It will not affect anything, people who use Uniswap aren't privacy oriented users, they use Uniswap in order to buy cheap or newly listed shitcoins in order to flip their money. If the token they bought is listed on CEX, they will send the token to CEX and sell it on there.

So it's good to see Gary Gensler attacking wrong place.

I'm looking forward to the prices going down though, that's one thing that I think is a positive given how expensive it is to buy bitcoin right now, I'm welcoming any event that would lead bitcoin to dump in prices but overall this is still bad news

Dude, the article above talk about Uniswap, a swaps that trade ERC20 tokens, this has nothing to do with Bitcoin!

[bbc.reporter]

Not only is this another frivilous lawsuit, but it will go nowhere, same as with Ripple (XRP). DEXes cannot be regulated like CEXes. It is technically not possible. Gary is just bored at this point and lashing out at whatever.
 
Gary Gensler's claims that the existing securities laws are sufficient to police crypto but obviously he is comparing apples to oranges at this point.

There is a precedent on tokens already. It has been ruled by a judge that the tokens by themselves are not securities. It is a very complicated case for uncle Gary on which are the illegal securities and which are not securities. I predict that if this case will gather more attention in the cryptospace and cause fear, we can be quite certain that much DEX trading volume will go to memecoins because memecoins are certainly and cannot be considered illegal securities hehehehhee.

[zasad@]

Not only is this another frivilous lawsuit, but it will go nowhere, same as with Ripple (XRP). DEXes cannot be regulated like CEXes. It is technically not possible. Gary is just bored at this point and lashing out at whatever.
 
Gary Gensler's claims that the existing securities laws are sufficient to police crypto but obviously he is comparing apples to oranges at this point.

There is a precedent on tokens already. It has been ruled by a judge that the tokens by themselves are not securities. It is a very complicated case for uncle Gary on which are the illegal securities and which are not securities. I predict that if this case will gather more attention in the cryptospace and cause fear, we can be quite certain that much DEX trading volume will go to memecoins because memecoins are certainly and cannot be considered illegal securities hehehehhee.

Memcoins have a very small capitalization and are not yet interesting for SEC. Of course, there are large projects, but after news about some requirements from the SEC, the capitalization of such a project may decrease very sharply. And the SEC will become the subject of ridicule.
I think that when the SEC punishes all the large projects and they have nothing to do, then they can turn their attention to memcoins.

[Husires]

Uniswap will be managed centrally, so sooner or later the authorities will require them to adhere to minimum identity verification and anti-money laundering procedures, which means requesting more data from all users.
I don't know if Uniswap will comply or not but I think some users will have no problem with that.

[sokani]

This is funny, does SEC thinks money could be laundered through a DEX that operates on ERC-20 tokens? Which are mainly shitcoins or the essence of the legal action is just to squeeze some money out Uniswap's pocket. If SEC wins, Pancakeswap will certainly be the next bus stop.

It will not affect anything, people who use Uniswap aren't privacy oriented users, they use Uniswap in order to buy cheap or newly listed shitcoins in order to flip their money. If the token they bought is listed on CEX, they will send the token to CEX and sell it on there.

I do not think so, they might not be trading Bitcoin and other privacy coins but some of them value their privacy and if SEC wins the legal battle, Uniswap is going to lose some customers.

[zasad@]

Uniswap will be managed centrally, so sooner or later the authorities will require them to adhere to minimum identity verification and anti-money laundering procedures, which means requesting more data from all users.
I don't know if Uniswap will comply or not but I think some users will have no problem with that.

If identity verification is formal, then a lot of drop services will appear on the market that will help verify the wallet. If the verification is serious, then such actions could kill uniswap, because users will leave for other projects.
Uniswap is not a mixer, but simply an exchanger of some tokens for others within the same wallet.

[Husires]

Uniswap will be managed centrally, so sooner or later the authorities will require them to adhere to minimum identity verification and anti-money laundering procedures, which means requesting more data from all users.
I don't know if Uniswap will comply or not but I think some users will have no problem with that.

Uniswap is not a mixer, but simply an exchanger of some tokens for others within the same wallet.

What worries me most is how long Uniswap can continue with the legal procedures. Uniswap Labs' annual revenue is around $20 million. Their revenue is less than PancakeSwap, and I do not think it is enough to go into the details of a long trial if there is serious evidence against them.

https://blockworks.co/news/top-defi-protocols-by-revenue

PancakeSwap and Maker seem to be in a better position.

[bbc.reporter]

Not only is this another frivilous lawsuit, but it will go nowhere, same as with Ripple (XRP). DEXes cannot be regulated like CEXes. It is technically not possible. Gary is just bored at this point and lashing out at whatever.
 
Gary Gensler's claims that the existing securities laws are sufficient to police crypto but obviously he is comparing apples to oranges at this point.

There is a precedent on tokens already. It has been ruled by a judge that the tokens by themselves are not securities. It is a very complicated case for uncle Gary on which are the illegal securities and which are not securities. I predict that if this case will gather more attention in the cryptospace and cause fear, we can be quite certain that much DEX trading volume will go to memecoins because memecoins are certainly and cannot be considered illegal securities hehehehhee.

Memcoins have a very small capitalization and are not yet interesting for SEC. Of course, there are large projects, but after news about some requirements from the SEC, the capitalization of such a project may decrease very sharply. And the SEC will become the subject of ridicule.
I think that when the SEC punishes all the large projects and they have nothing to do, then they can turn their attention to memcoins.

Agreed. Uncle Gary appears to be on an operation to charge the biggest cryptocoin companies and biggest DeFi platforms with lawsuits because if he can win on one case, this might begin his own precedent hehehe. However, what were the outcomes on uncle Gary's cases against Ripple, Coinbase and Grayscale? Ripple won their case. Coinbase, Grayscale are fighting on their cases and they might also win.

I speculate this case against Uniswap will be the last move against the cryptospace from uncle Gary. If he will lose this, we will not hear anything from the SEC again.

[DooMAD]

Just to play devil's advocate here, is it truly a DEX if it has a Chief Executive Officer and Chief Operating Officer?  This is a company.  I don't believe that's the correct platform in which to pursue the notion of a decentralised exchange.  A DEX in its truest form should be purely a protocol, not a commercial entity.  Some open-source software a user can run which will connect them peer-to-peer to other users, nothing more.  Just like Bitcoin.  The moment you try and make it a business, you can (and probably will) be under the microscope of numerous regulatory bodies. 

Notice how Uniswap has "employees".  Bitcoin has "contributors".  Bitcoin is not a company and is therefore highly resistant to regulation.  Companies, by comparison, easily crumble under the weight of government pressure.

DEXes cannot be regulated like CEXes. It is technically not possible. Gary is just bored at this point and lashing out at whatever.

The moment they formed a company, they made it possible.  Uniswap Labs is a company.  Companies get regulated. 

They screwed up.

[goldkingcoiner]

Just to play devil's advocate here, is it truly a DEX if it has a Chief Executive Officer and Chief Operating Officer?  This is a company.  I don't believe that's the correct platform in which to pursue the notion of a decentralised exchange.  A DEX in its truest form should be purely a protocol, not a commercial entity.  Some open-source software a user can run which will connect them peer-to-peer to other users, nothing more.  Just like Bitcoin.  The moment you try and make it a business, you can (and probably will) be under the microscope of numerous regulatory bodies.  

Notice how Uniswap has "employees".  Bitcoin has "contributors".  Bitcoin is not a company and is therefore highly resistant to regulation.  Companies, by comparison, easily crumble under the weight of government pressure.

DEXes cannot be regulated like CEXes. It is technically not possible. Gary is just bored at this point and lashing out at whatever.

The moment they formed a company, they made it possible.  Uniswap Labs is a company.  Companies get regulated.  

They screwed up.

I never really considered Unidex a true DEX. They love profit too much to become fully decentralized, open source and community managed.

[bbc.reporter]

Just to play devil's advocate here, is it truly a DEX if it has a Chief Executive Officer and Chief Operating Officer?  This is a company.  I don't believe that's the correct platform in which to pursue the notion of a decentralised exchange.  A DEX in its truest form should be purely a protocol, not a commercial entity.  Some open-source software a user can run which will connect them peer-to-peer to other users, nothing more.  Just like Bitcoin.  The moment you try and make it a business, you can (and probably will) be under the microscope of numerous regulatory bodies.  

Notice how Uniswap has "employees".  Bitcoin has "contributors".  Bitcoin is not a company and is therefore highly resistant to regulation.  Companies, by comparison, easily crumble under the weight of government pressure.

DEXes cannot be regulated like CEXes. It is technically not possible. Gary is just bored at this point and lashing out at whatever.

The moment they formed a company, they made it possible.  Uniswap Labs is a company.  Companies get regulated.  

They screwed up.

However, is there really an official CEO if the DEX is not a registered company? Hayden Adams is the founder and developer of the development company that created an open source software project very much similar to many projects in the cryptospace. I can however understand the argument if the DEX is centralized or decentralized very much similar to the argument if bitcoin presently is centralized or decentralized.

In any case, uncle Gary and the SEC's lawsuit will answer many questions and this will be a very exciting development for the cryptospace that will create very important predecents.