A 38-page petition filed by James within the New York Supreme Court docket on Feb. 22 alleged CoinEx “engaged in repeated and chronic fraudulent practices” and violated the state’s Martin Act — thought-about one of the strict anti-fraud and securities regulation legal guidelines in the US.
She additionally asserted CoinEx listed numerous tokens that certified as “each commodities and securities” naming Amp (AMP), LBRY Credit (LBC), Rally (RLY) and Terra (LUNA).
When crypto platforms disregard our legal guidelines, they put New Yorkers in danger.
We’re in search of to cease @coinexcom from working in New York and can proceed to guard folks from the hazards of the cryptocurrency trade.
— NY AG James (@NewYorkStateAG) February 22, 2023
In a Feb. 22 assertion, James stated CoinEx is just not registered with the Securities and Change Fee (SEC) or the Commodity Futures Buying and selling Fee (CFTC) “as is required below New York regulation” to promote the tokens.
The Lawyer Common’s Workplace created a CoinEx account with a New York-based pc and web tackle and alleged it was capable of commerce on the platform.
“The times of crypto corporations like CoinEx performing like the principles don’t apply to them are over,” she added.
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The petition additionally states that CoinEx did not adjust to a Dec. 22, 2022 subpoena despatched by the Lawyer Common’s Workplace with a view to “present testimony in regards to the digital asset buying and selling actions of its platform.”
“CoinEx was compelled by subpoena to look for an examination below oath on January 9, 2023, and failed to look […] CoinEx’s non-appearance is prima facie proof that CoinEx has engaged within the [mentioned] fraudulent practices.”
Within the petition, James is in search of a court docket order to cease CoinEx from advertising and marketing itself as an trade, forestall it from working within the state and can order the trade to geo-block web addresses and GPS location information originating from New York.
Cointelegraph contacted CoinEx for remark however didn’t obtain an instantaneous response.