Key Takeaways
- In July 2023, the SEC sued DEBT Box for allegedly defrauding investors of $49 million
- Shelby stated in the March 18 filing that the SEC’s conduct was a severe abuse of its power, undermining the integrity of the proceedings and the judicial process
A United States district court has imposed sanctions on the Securities and Exchange Commission (SEC) for acting in “bad faith” in a lawsuit it brought against Debt Box, a Utah-based crypto company.
In an order issued on Monday, Chief Judge Robert Shelby of the District of Utah ruled that the SEC must cover legal costs for Debt Box, citing a “gross abuse of power” by the regulator in its efforts to secure a temporary restraining order (TRO).
The court found that the SEC’s attorneys misled the court in both the application for the TRO and subsequent proceedings related to Debt Box’s efforts to dissolve the order. As a result, the SEC will be required to pay legal fees for the defendants and receivers involved in the case.
Judge Shelby emphasized that the SEC’s conduct represented a serious breach of trust. He stated that “each piece of support” provided by the Commission was either false, mischaracterized, or misleading, which undermined the integrity of the legal proceedings and the judicial process.
The SEC initially filed a motion to dismiss the case against Debt Box, which was denied by Judge Robert J. Shelby. The judge criticized the regulator for intentionally providing false information to obtain a temporary restraining order and freeze the company’s assets in August.
The lawsuit against Debt Box, filed by the SEC in July 2023, alleged that the crypto platform defrauded investors of at least $49 million. However, the court later reversed the asset freeze after finding that the SEC may have misrepresented evidence during the proceedings.
In response to the court’s ruling, SEC enforcement chief Gurbir Grewal apologized for mistakes made in the case. He pledged to provide new training for SEC enforcement staff on the standards required when seeking emergency relief.
The ruling has drawn attention from lawmakers, with several Republican senators expressing concerns about the SEC’s enforcement actions. They highlighted cases like Debt Box that undermine public trust in the regulator’s conduct.
In addressing the misleading statements made by SEC attorney Michael Welsh, Judge Shelby emphasized the need for accountability. He stated that Welsh knew his statement was incorrect but failed to correct it, instead attempting to obscure the truth.
