Coinbase Presses for Answers on Gary Gensler’s Missing Messages

Coinbase relaunches the offensive against the SEC. The exchange asks the federal court to investigate the alleged deletion of a year of messages from Gary Gensler, former chairman of the financial authority. An explosive case likely to tarnish the record of a leader already known for his hostility towards the crypto ecosystem.

Coinbase relaunches the assault with troubling revelations about the SEC

Coinbase’s chief legal officer, Paul Grewal, raised a red flag. In a court filing submitted Thursday, the exchange outright accuses the SEC of destroying documents it was required to preserve. 

This accusation relies on a damning inspector general’s report, published on September 3, revealing dubious practices within the financial authority.

The facts are damning. In September 2023, the SEC reset the smartphone to factory settings, permanently erasing nearly a year of texts from Gary Gensler, then chairman of the institution. 

This period, from October 2022 to September 2023, coincides exactly with the FTX collapse and the intensification of prosecutions against crypto companies, including Coinbase itself.

This timing raises fundamental questions. What did these messages contain? Did they reveal coordination between regulators to specifically target certain actors? The absence of these communications deprives the public of crucial elements to understand regulatory decisions during this pivotal period.

The inspector general’s report is unequivocal: these messages “could have been preserved” but the IT department chose to proceed with this permanent deletion. 

A negligence resembling willful destruction of evidence, all the more problematic because it concerns “agency records subject to FOIA” according to the official report’s terms.

A revealing timing in a broader legal battle

This revelation adds to a series of favorable events for Coinbase. Last February, the exchange had already won a major victory with the dropping of lawsuits filed by the SEC. Gradually, the regulatory authority itself appears weakened in its methods.

Paul Grewal, Coinbase’s chief legal officer, also highlights the irony of the situation:

we asked for information about “all communications” within the SEC related to crypto regulatory and enforcement decision-making years ago.

Yet, the SEC has never complied with this request made within the strict legal framework of FOIA. Worse, it destroyed the documents in question, which constitutes, according to Coinbase, “a blatant breach of public trust.”

Coinbase does not intend to stop there. The exchange now demands “accelerated discovery, sanctions, and the immediate production of all texts.” An aggressive strategy to make the SEC pay for years of relentless pressure under Gensler.

The departure of Gary Gensler in January and Trump’s arrival reshuffled the cards. Yet, the shadow of past practices persists. These revelations retrospectively tarnish the former chairman’s record and fuel mistrust towards regulators. For Coinbase, this fight goes beyond a simple dispute. It is about imposing transparency and fairness. A judicial victory could redefine the balance of power.