Coinbase LEND
| Tracking # |
22-00251-APPS 22-00250-APPS 21-02731-FOIA 21-02730-FOIA 21-02729-FOIA 21-02728-FOIA |
| Submitted | Sept. 8, 2021 |
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Communications
From: Carlos Gamez
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
1. All reports, analyses, presentations, and memos written in regards to Coinbase LEND and the SEC’s investigation and potential lawsuit into this offering
2. All internal reports written since January 2019 in regards to cryptocurrency and stable coins being classified as an investment
3. The final report of the investigation in regards to Coinbase LEND that includes all data and analysis made for this product
4. All memos written since January 2019 that contains the following words and phrases: Coinbase, cryptocurrency, and securities
For items 1 and 3, the date of search is from September 2019 to the present date.
Source: https://blog.coinbase.com/the-sec-has-told-us-it-wants-to-sue-us-over-lend-we-have-no-idea-why-a3a1b6507009
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Carlos Gamez
From: Securities and Exchange Commission
Your request was successfully submitted and sent to the appropriate SEC division or office.
Back to form https://www.sec.gov/forms/request_public_docs
From: Securities and Exchange Commission
From: Securities and Exchange Commission
From: Securities and Exchange Commission
From: Securities and Exchange Commission
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Sept. 8, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #21-02731-FOIA.
Thanks for your help, and let me know if further clarification is needed.
From: Securities and Exchange Commission
Good morning,
As you are aware, the attached request has been separated into four (4) separate requests and assigned individual tracking numbers. In response to your inquiry regarding the status of the request(s), we are still in the processing stage of the request. In order to conduct a proper search, further clarification of your requests are needed? Specifically, we are requesting additional information for each request (as noted in red):
1. All reports, analyses, presentations, and memos written in regards to Coinbase LEND and the SEC’s investigation and potential lawsuit into this offering (Request No. 21-02728-FOIA) -specify which SEC offices/divisions you request a records search
-specify search term(s) (i.e. search “Coinbase LEND” only, etc.)
2. All internal reports written since January 2019 in regards to cryptocurrency and stable coins being classified as an investments (Request No. 21-02729-FOIA)
-specify which SEC offices/divisions you request a records search
3. The final report of the investigation in regards to Coinbase LEND that includes all data and analysis made for this product:
-specify search term (s) (i.e., search “Coinbase LEND” only, etc.) (Request No. 21-0273-FOIA)
4. All memos written since January 2019 that contains the following words and phrases: Coinbase, cryptocurrency, and securities For items 1 and 3, the date of search is from September 2019 to the present date. (Request No. 21-02731-FOIA)
-specify which SEC offices/divisions you request a records search
If you have any questions regarding the information in this message, feel free to contact me to discuss.
Best Regards,
Alysia Morrow, Research Specialist
Office of FOIA Services (OSO)
U.S. Securities & Exchange Commission
100 F Street NE
Washington, DC 20549
Telephone: (202) 551-8376 or (202) 551-7900
E-mail: morrowa@sec.gov or foiapa@sec.gov
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image001
From: Securities and Exchange Commission
Good morning,
As you are aware, the attached request has been separated into four (4) separate requests and assigned individual tracking numbers. In response to your inquiry regarding the status of the request(s), we are still in the processing stage of the request. In order to conduct a proper search, further clarification of your requests are needed? Specifically, we are requesting additional information for each request (as noted in red):
1. All reports, analyses, presentations, and memos written in regards to Coinbase LEND and the SEC’s investigation and potential lawsuit into this offering (Request No. 21-02728-FOIA) -specify which SEC offices/divisions you request a records search
-specify search term(s) (i.e. search “Coinbase LEND” only, etc.)
2. All internal reports written since January 2019 in regards to cryptocurrency and stable coins being classified as an investments (Request No. 21-02729-FOIA)
-specify which SEC offices/divisions you request a records search
3. The final report of the investigation in regards to Coinbase LEND that includes all data and analysis made for this product:
-specify search term (s) (i.e., search “Coinbase LEND” only, etc.) (Request No. 21-0273-FOIA)
4. All memos written since January 2019 that contains the following words and phrases: Coinbase, cryptocurrency, and securities For items 1 and 3, the date of search is from September 2019 to the present date. (Request No. 21-02731-FOIA)
-specify which SEC offices/divisions you request a records search
If you have any questions regarding the information in this message, feel free to contact me to discuss.
Best Regards,
Alysia Morrow, Research Specialist
Office of FOIA Services (OSO)
U.S. Securities & Exchange Commission
100 F Street NE
Washington, DC 20549
Telephone: (202) 551-8376 or (202) 551-7900
E-mail: morrowa@sec.gov or foiapa@sec.gov
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image001
From: Carlos Gamez
Good morning,
My apologies for the late response regarding the clarification of FOIA request 21-02731. Regarding all four items of the request, it can be limited to the Division of Enforcement, Office of the General Counsel, and the Division of Economic and Risk Analysis. The search terms for items 1 and 3 can include the following: "Coinbase", "Coinbase LEND", "stablecoin lending", and "stablecoin security". If you need any further clarification please feel free to let me know. Thank you.
Sincerely,
Carlos Gamez
From: Securities and Exchange Commission
Good morning Mr. Gamez,
Our staff has requested further clarification of your requests. I’d like to schedule a telephone call to discuss your request(s). The following dates/times (times are in Eastern standard time) are available:
· Wednesday, November 10, 2021: 11:00 a.m. and 2:00 p.m.
· Friday, November 12, 2021: 11:00 a.m. and 2:00 p.m. – 4 p.m.
If these dates/times do not work for you, please provide further options. Your cooperation is greatly appreciated.
Best,
Alysia Morrow, Research Specialist
Office of FOIA Services (OSO)
U.S. Securities & Exchange Commission
100 F Street NE
Washington, DC 20549
Telephone: (202) 551-8376 or (202) 551-7900
E-mail: morrowa@sec.gov or foiapa@sec.gov
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~WRD000
From: Securities and Exchange Commission
Mr. Gamez,
My supervisor and I want to schedule a conference call to discuss your request(s) as soon as possible. Please advise if you are available on Tuesday, November 23, 2021 at 10:00 a.m.
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image001
From: Carlos Gamez
Good morning,
Yes, I am available at that time. I previously left a voicemail with my phone number in order to make sure that information is on file. Please let me know if you any additional information. Thank you.
Sincerely,
Carlos Gamez
From: Securities and Exchange Commission
Great. We will call you. Have a good weekend.
From: Securities and Exchange Commission
Good morning Mr. Gamez,
Please see the attached FOIA response to the request you submitted on September 8, 2022.
From: Carlos Gamez
I hereby appeal the response to FOIA request 21-02728 and 21-02730. In order to assert Exemption 7(A), it must be found that the documents relate to an ongoing investigation or will interfere in a future proceeding. Also, based on existing information in the public domain it can be found that the enforcement proceeding is no longer ongoing. In my original request, I included a post made by Coinbase that stated that a Wells notice was provided, and a formal investigation did occur (see https://blog.coinbase.com/the-sec-has-told-us-it-wants-to-sue-us-over-lend-we-have-no-idea-why-a3a1b6507009). Based on the known fact that the Coinbase Lend product was terminated and that no lawsuit has occurred, it can be made that there has not been any action for the last five months in regard to this issue. No information regarding the documents were provided and its direct correlation to an investigation. It is also to be known that segregable portions of the documents could be released as long as the information provided does not interfere with an enforcement proceeding. Being that the company has acknowledged that such an investigation did occur (as mentioned in the blog post), it is safe to say that said information is in the public domain. A justification must be provided as to how said documents will interfere in an ongoing investigation.
From: Securities and Exchange Commission
None
From: Securities and Exchange Commission
None
From: Securities and Exchange Commission
Mr. Gamez,
Attached please find the SEC's appeal decision for FOIA Appeal Nos. 22-00250-APPS (FOIA Request No. 21-02728-FOIA) and 22-00251-APPS (Request No. 21-02730-FOIA). Please let me know if you have any questions concerning this decision.
Thank you.
Mark Tallarico
Senior Counsel
Office of the General Counsel
U.S. Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549
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