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A Step Closer to Spot Bitcoin ETF: Grayscale Scores Big Win in SEC Lawsuit

A Step Closer to Spot Bitcoin ETF: Grayscale Scores Big Win in SEC Lawsuit

The US Court of Appeals for the DC Circuit overturned a Securities and Exchange Commission (SEC) ruling, giving crypto asset manager Grayscale Investments LLC a long-awaited victory in its fight over the conversion of its Bitcoin Trust into a spot Bitcoin exchange-traded fund (ETF).

“The denial of Grayscale’s proposal was arbitrary and capricious because the Commission failed to explain its different treatment of similar products,” judge Neomi Rao said in the opinion.

Grayscale sued the SEC in June 2022 after the agency rejected its application to convert its publicly traded spot Bitcoin trust into an ETF.

The appellate court reversed a lower court decision that ruled the SEC was correct to deny Grayscale’s application for a Bitcoin ETF. Grayscale is a company that has long managed publicly traded trusts for Bitcoin, Ether, and other cryptocurrencies.

Grayscale’s assertion that an ETF based on the spot price of Bitcoin was sufficiently like a Bitcoin ETF based on futures contracts was the crux of the issue. The latter have long been permitted by the SEC since they are designed for institutional investors rather than retail traders.

The judge specifically detailed how “Grayscale presented uncontested evidence that there is a 99.9% correlation between bitcoin’s spot market and CME futures contract prices.”

“This is a monumental step forward for American investors, the Bitcoin ecosystem, and all those who have been advocating for Bitcoin exposure through the added protection for the ETF wrapper,” Grayscale CEO Michael Sonnenshein said.

This judgment does not guarantee that Grayscale Bitcoin Trust (GBTC) will be converted to an ETF (the SEC may find other grounds to deny the product), but it does increase the likelihood of a spot approval.

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About Joe Palmisano

Joe Palmisano is Editorial Director for Connect Money, where he brings nearly three decades experience of market insights as a financial journalist, analyst and senior portfolio manager for leading financial publications, advisory firms, and hedge funds. In his role as Editorial Director, Joe is responsible for the selection of content and creation of daily business news covering the financial markets, including Alternative Assets, Direct Investment and Financial Advisory services. Before joining Connect Money, Joe was a financial journalist for the Wall Street Journal, regularly publishing feature stories and trend pieces on the foreign exchange, global fixed income and equity markets. Joe parlayed his experience as a financial journalist into roles as a Senior Research Analyst and Portfolio Manager, writing daily and weekly market analysis and managing a FX and US equity portfolio. Joe was also a contributing writer for industry magazines and publications, including SFO Magazine and the CMT Association. Joe earned a B.S.B.A. in Finance from The American University. He holds the Chartered Market Technician (CMT) designation and is a member of the CFA Institute.

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