The U.S. Securities and Exchange Commission (SEC) has intensified its regulatory scrutiny over the digital asset industry, officially classifying at least 67 cryptocurrencies as securities following recent lawsuits against major exchanges Binance and Coinbase. This designation affects over $100 billion in market capitalization—roughly 10% of the total crypto market—and marks a pivotal shift in how blockchain projects and tokens may be regulated moving forward.
These actions are grounded in the Howey Test, a legal framework used to determine whether an asset qualifies as an investment contract, and thus a security, under U.S. law. When applied to cryptocurrencies, the SEC evaluates whether investors are contributing funds to a common enterprise with the expectation of profit primarily from the efforts of others—such as development teams or centralized entities.
👉 Discover how regulatory clarity could shape the future of crypto investments.
The SEC’s Expanding List of Cryptocurrencies Deemed Securities
Over several enforcement actions spanning years, the SEC has steadily built a list of digital assets it considers unregistered securities. These cases often involve initial coin offerings (ICOs), token sales, or platforms where tokens were marketed with promises of returns driven by third-party efforts.
Key Enforcement Cases and Designated Tokens
Ripple Labs – XRP
One of the most high-profile cases involved Ripple Labs, where the SEC alleged that the sale of XRP constituted an unregistered securities offering. While courts later ruled that XRP sales to retail investors qualified as securities, those to institutional buyers did not—a nuanced outcome with broad implications.
Telegram – Gram
The SEC halted the launch of Telegram’s Gram token, arguing that its pre-sale to investors met the criteria of a securities offering. The court sided with the SEC, effectively killing the project before launch.
Bittrex Exchange Case
In a sweeping action against Bittrex, the SEC identified multiple tokens traded on the platform as unregistered securities:
- Algorand (ALGO)
- OmiseGo (OMG)
- Dash (DASH)
- Monolith (TKN)
- Naga (NGC)
- IHT Real Estate Protocol (IHT)
Coinbase Insider Trading Case
Even internal misconduct led to broader classifications. In a case involving insider trading by former Coinbase employees, the SEC named several tokens as securities:
- Amp (AMP)
- Rally (RLY)
- DerivaDAO (DDX)
- XYO Network (XYO)
- Rari Governance Token (RGT)
- LCX (LCX)
- Power Ledger (POWR)
- DFX Finance (DFX)
- Kromatica (KROM)
Other Notable Cases
- Kik Interactive – Kin (KIN), raised through an ICO.
- SALT Lending – Salt (SALT), another ICO-based lending token.
- Beaxy Exchange – Beaxy Token (BXY).
- Dragonchain – DRGN, sold during its ICO phase.
- Paragon Coin – PRG, labeled part of a fraudulent cannabis-themed ICO.
- Airfox – AIR, also an ICO offering.
- Tron Foundation – TRX and BTT, both cited in litigation against Justin Sun.
- Terraform Labs – UST, LUNA, and MIR from the collapsed Terra ecosystem.
- Mango Markets Exploit – MNGO, linked to manipulative trading activity.
- American CryptoFed DAO – Ducat (DUCAT) and Locke (LOCKE).
- Kim Kardashian Endorsement Case – EthereumMax (EMAX), highlighting celebrity liability in token promotions.
- Hydrogen – HYDRO, distributed via airdrop but still deemed a security due to promotional context.
Major Exchange Actions: Binance and Coinbase
The most recent wave came from lawsuits filed against Binance and Coinbase, each naming additional tokens:
From Binance-related entities:
- BNB (BNB)
- Binance USD (BUSD)
- Cosmos (ATOM)
- COTI (COTI)
From Coinbase-related listings:
- Chiliz (CHZ)
- NEAR Protocol (NEAR)
- Flow (FLOW)
- Internet Computer (ICP)
- Voyager Token (VGX)
- Nexo (NEXO)
Tokens named in both cases:
- Solana (SOL)
- Cardano (ADA)
- Polygon (MATIC)
- Filecoin (FIL)
- The Sandbox (SAND)
- Decentraland (MANA)
- Axie Infinity (AXS)
These classifications have sent shockwaves through markets, triggering sharp declines in affected altcoins and raising concerns about exchange compliance and listing policies.
Mirror Protocol mAssets: Synthetic Tokens as Securities?
Beyond native cryptocurrencies, the SEC has also targeted synthetic assets created on decentralized finance (DeFi) platforms. In its case against Terraform Labs, the agency claimed that 13 Mirror Protocol mAssets functioned as securities because they mirrored real-world financial instruments like stocks and ETFs.
These include:
- mAAPL (Apple)
- mAMZN (Amazon)
- mBABA (Alibaba)
- mGOOGL (Google)
- mMSFT (Microsoft)
- mNFLX (Netflix)
- mTSLA (Tesla)
- mTWTR (Twitter)
- mIAU (Gold Trust)
- mQQQ (Nasdaq ETF)
- mSLV (Silver Trust)
- mUSO (Oil Fund)
- mVIXY (VIX Futures ETF)
Because these tokens derive value from underlying equities and are tied to centralized systems for price feeds and redemption, the SEC argues they resemble traditional structured products subject to securities laws.
👉 Learn how synthetic assets are evolving under global regulatory frameworks.
Market Impact and Industry Response
The regulatory pressure has already had tangible effects:
- Robinhood delisted ADA, MATIC, and SOL amid compliance concerns.
- Crypto markets saw widespread selloffs, with many listed tokens dropping over 20% in short periods.
- Projects like Solana face community debates over potential forks to decentralize governance and avoid "centralized effort" claims.
Industry leaders argue that applying decades-old securities laws to decentralized technologies risks stifling innovation. Others believe clearer regulation can bring institutional adoption and long-term stability.
Frequently Asked Questions
Q: Why does the SEC classify some cryptocurrencies as securities?
A: The SEC uses the Howey Test to assess whether a token involves an investment of money in a common enterprise with profits expected from the efforts of others. If yes, it's treated as a security.
Q: Does being labeled a security mean a cryptocurrency is illegal?
A: No. It means the token must comply with federal securities laws—such as registration or qualifying for an exemption—before being offered or sold in the U.S.
Q: Can decentralized tokens still be securities?
A: Yes. Even if a network becomes decentralized over time, early marketing and reliance on team efforts can lead to classification as a security.
Q: What happens if a crypto project ignores SEC rules?
A: Penalties can include fines, trading bans, forced refunds to investors, or even criminal charges for executives involved in unregistered offerings.
Q: Are stablecoins like BUSD considered securities?
A: While most stablecoins are designed to track fiat currency and may not meet all Howey criteria, BUSD was specifically named in the Binance suit due to its issuance model and centralized control.
Q: How can investors protect themselves?
A: Investors should research whether tokens are registered or exempt, understand associated risks, and consider using compliant platforms that adhere to regulatory standards.
What’s Next for Crypto Regulation?
With Chair Gary Gensler consistently stating that “the vast majority” of crypto tokens meet the Howey Test, further enforcement actions are likely. Crypto.com paused U.S. institutional services amid speculation it could be next in line for scrutiny.
As regulatory clarity evolves, projects may need to restructure tokenomics, pursue registration, or exit U.S. markets entirely. For investors, this underscores the importance of understanding compliance status when evaluating digital assets.
👉 Stay ahead of regulatory trends shaping tomorrow’s crypto landscape.