A federal judge has overturned the United States Securities and Exchange Commission’s decision to deny an exchange-traded fund (ETF) offering from Grayscale Investments through its Bitcoin Trust, but many experts have pointed out the court ruling will not automatically lead to the first spot Bitcoin ETF in the country.
In an Aug. 29 decision with the U.S. Court of Appeals for the District of Columbia Circuit, Judge Neomi Rao supported Grayscale’s position that its proposed Bitcoin (BTC) ETF was “materially similar” to Bitcoin futures exchange-traded products already approved by the Securities and Exchange Commission (SEC) for trading. The court largely ruled that the SEC’s justification of denying Grayscale’s Bitcoin ETF on the grounds it was not “designed to prevent fraudulent and manipulative acts and practices” was insufficient, and the matter will return to the commission for review.
THIS JUST IN: The D.C. Circuit ruled 3-0 in favor of Grayscale and $GBTC. This is a monumental step forward for all who have been advocating for Bitcoin exposure through the added protections of the ETF wrapper. Read the decision: https://t.co/ulAtcsad2Gpic.twitter.com/BNZABvM7tw
To date, the SEC has denied all spot crypto ETF offerings in the U.S., though many applications are currently being reviewed, including those from BlackRock, ARK Invest, Bitwise Asset Management, VanEck, WisdomTree, Invesco and Galaxy Digital, Fidelity, and Valkyrie. The commission has the means to keep delaying a decision or otherwise pushing the final deadline for approval on the majority of the aforementioned applications until March 2024.
At the time of publication, the SEC had not publicly commented on the appeals court decision but reportedly said it would be reviewing the case to determine its next steps. The commission will likely have the opportunity to appeal the decision, but many experts have claimed that the initial Grayscale victory could pave the way for eventual approval.
“Despite the inevitable SEC appeal, to our mind there is no doubt now, spot BTC ETFs are coming to the U.S.,” said Tim Bevan, CEO at ETC Group. “We don’t believe the SEC will act as kingmaker and the most likely outcome is a block approval of applications that meet requirements, probably in Q1 ’24.”
Lolli CEO and co-founder Alex Adelman said the appeals court ruling would “put new pressure on the SEC” in its justification for rejecting spot Bitcoin ETF applications. He added the BTC price rally following the news could be interpreted as a “vote of confidence” for spot investment vehicles linked to Bitcoin:
“Now is the time for the U.S. to embrace innovation by making bitcoin available to investors through exchange-based products or risk falling behind global powers that are moving faster to claim this advantage.”
A spokesperson for the Crypto Council for Innovation (CCI) told Cointelegraph the ruling opened the door to a wider range of investors looking to offer a spot BTC vehicle in the United States. According to the CCI, “spot bitcoins ETFs are now closer to a potential launch.”
Some have asked whether they could revoke the bitcoin futures ETFs, highly unlikely in our view, esp given their recent openness to Ether futures ETFs. In the end, I know it and you know it and even animals know it- the best move is to just approve the damn things already. https://t.co/fZCOIur4of
The next steps for either Grayscale moving forward with its application or the SEC appealing the decision are unclear. The asset manager could refile with the SEC, aiming to make the spot investment vehicle application more like that of a Bitcoin futures-linked ETF. Experts are reporting the SEC also has the option of filing for an “en banc” hearing in which all judges on the D.C. circuit — rather than the three which ruled on the Grayscale appeal — would hear the matter.
France became the first G7 country to announce the move last week – while Ireland, Spain and Norway all officially recognised a Palestinian state last year.
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‘The war changed me’
Mr Carney told reporters in Ontario that Canada would do the same on certain conditions – including that the Palestinian Authority commits to fundamentally reforming its governance, and holds general elections in 2026 in which Hamas can play no part.
The Canadian prime minister said he had spoken with Mahmoud Abbas, the president of the Palestinian Authority, earlier in the day.
Following the announcement, the Israeli foreign ministry said in a statement: “The change in the position of the Canadian government at this time is a reward for Hamas and harms the efforts to achieve a ceasefire in Gaza and a framework for the release of the hostages.”
A White House official anonymously told Reuters that US President Donald Trump also believes he would be “rewarding Hamas” if he recognises a Palestinian state and therefore doesn’t plan to do so.
“President Trump’s focus is on getting people fed,” the official added.
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What do Israelis think of UK’s plan to recognise Palestine?
Canada had long stated it would only recognise a Palestinian state at the conclusion of peace talks with Israel.
However, Mr Carney said the reality on the ground – including the starvation of citizens in Gaza – means “the prospect of a Palestinian state is literally receding before our eyes”.
He added: “We are working ourselves, with others, to preserve the possibility of a two-state solution, to not allow the facts on the ground, deaths on the ground, the settlements on the ground, the expropriations on the ground, to get to such an extent that this is not possible.”
The Canadian prime minister also said he “condemns the fact Israel has allowed a catastrophe to unfold in Gaza”.
Image: Palestinians carry aid supplies that entered Gaza through Israel, in Beit Lahia in the northern Gaza Strip. Pic: Reuters
Sir Keir Starmer announced the UK could recognise a Palestinian state after he had a meeting with Mr Trump the previous day.
Sir Keir said the conditions Israel would have to meet to avoid such a move included taking substantive steps to end the “appalling situation in Gaza”, and agreeing to a ceasefire.
Some 38 members of the House of Lords, including some of the UK’s most eminent lawyers, have since written to the attorney general to say that recognising a Palestinian state could be a breach of international law, The Times has reported.
They have said the territory may not meet the criteria for statehood under the Montevideo Convention, a treaty signed in 1933.
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Aid dropped into Gaza amid international pressure
Meanwhile, a Downing Street spokesperson confirmed Sir Keir had spoken to Mr Carney over the phone on Tuesday.
The spokesperson said: “They discussed the grave situation in the Middle East and last night’s action by the United States to tackle the severe threat posed by Iran’s nuclear programme.
“Both reiterated their support for a diplomatic solution and agreed that Iran must come back to the negotiating table with the United States as soon as possible.
“They looked forward to continuing their discussions at NATO this week.”
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A global hunger monitor has warned that a worst-case scenario of famine is unfolding in Gaza.
The Hamas-run health ministry reported seven more hunger-related deaths on Wednesday, including a two-year-old girl with an existing health condition.
Meanwhile, at least 48 Palestinians were killed and dozens were wounded while waiting for food at the Zikim Crossing, the main entry point for humanitarian aid to northern Gaza, according to the Shifa Hospital that received the casualties.
It was not immediately clear who opened fire and there was no immediate comment from the Israeli military, which controls the crossing.
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Footage shows young girl in Gaza mourning family
Israeli strikes and gunfire had earlier killed at least 46 Palestinians overnight and into Wednesday, most of them among crowds seeking food, health officials said.
The Israeli military did not immediately comment on any of the strikes. It says it only targets militants and blames civilian deaths on Hamas, because the group’s militants operate in densely populated areas.
US special envoy Steve Witkoff will travel to Israel on Thursday to discuss the next steps to address the situation in Gaza, an American official said.