Coinbase SEC Battle: Gensler Destroyed Critical Documents

The ongoing Coinbase SEC battle has taken a new turn with the exchange accusing the regulator of destroying critical documents. At the center of the controversy are nearly a year’s worth of text messages from former Chair Gary Gensler, which the agency allegedly deleted.

This development has sparked intense debate over transparency and accountability in cryptocurrency regulation.

Coinbase SEC Battle Intensifies

As the protracted Coinbase SEC battle unfolds, the exchange alleged that Gary Gensler, the former Chair of the Securities and Exchange Commission, destroyed necessary documents. Coinbase Chief Legal Officer Paul Grewal took to X to underscore the regulator’s credibility issue. Grewal stated,

“The Gensler SEC destroyed documents they were required to preserve and produce. We now have proof from…own Inspector General."

Significantly, the Coinbase SEC battle has a long history, since the watchdog alleged that the platform sold unregistered securities. In addition, the firm has long questioned the agency’s regulation by enforcement actions.

In a lawsuit filed on Thursday, the crypto platform is supporting a research group called History Associates. The group sought Gensler’s communication under the Freedom of Information Act. In the Thursday filing, the exchange argued that Gensler destroyed key details.

Reportedly, the Office of Inspector General found that Gary Gensler's text messages from October 2022 to September 2023 were permanently deleted. This happened because of an internal policy that wipes agency devices remotely if they are offline for more than 45 days. When Gensler's phone was reset, all text communications were erased, including nearly a year's worth of messages.

These deleted messages likely contained federal records. About 38% of the recovered texts were considered "mission-related" and dealt with issues directly involving senior staff and Commissioners. The problem might go beyond Gensler, as other senior officials may have also lost records. This raises concerns about the agency's recordkeeping practices in general.

Court to Take Action

As part of the Coinbase SEC battle, the crypto company is urging the court to take necessary action against the commission for the loss of potential evidence. Grewal wrote,

“We’re want expedited discovery, sanctions, and immediate production of all responsive texts. Considering the double-standards of the previous Chair it’s not surprising that the same agency that fined firms billions for record-keeping failures committed the exact same violations.”

Judges can impose various sanctions, including ordering further document searches or limiting the SEC 's court arguments. A key consideration is whether the record loss was intentional or unintentional, which influences the severity of the sanctions.