Grayscale Appeals SEC’s Rejection of Spot Bitcoin ETF, Citing Inconsistency and Unfairness

Last Updated: 11 July 2023

Grayscale, a prominent cryptocurrency company, has lodged a formal appeal with the DC Circuit Court of Appeals regarding the Securities and Exchange Commission’s (SEC) refusal to approve their spot Bitcoin exchange-traded fund (ETF) application. In an effort to contest the SEC’s decision, Grayscale argues that the regulatory body acted inconsistently by granting approval for a leveraged Bitcoin futures ETF while rejecting similar spot Bitcoin ETFs.

Grayscale’s Argument

Grayscale’s attorney, Donald Verrilli, presented a letter to the U.S. Court of Appeals for the District of Columbia, stating that the SEC’s approval of a leveraged Bitcoin futures ETF demonstrates arbitrary differentiation in their treatment of spot Bitcoin ETFs. Verrilli emphasized that a leveraged Bitcoin futures ETF is an even riskier investment product, which raises concerns about the SEC’s decision-making process.

Leveraged BTC Futures ETF

The SEC recently authorized a leveraged BTC futures ETF, designed to amplify the daily performance of a BTC futures index by utilizing borrowed funds. Grayscale acknowledges that they are not opposed to the existence of leveraged futures products but takes issue with the inconsistency and perceived unfairness within the SEC’s approval process.

Previous Rejection and Lawsuit

Grayscale initially applied for a spot Bitcoin ETF in 2020, only to face rejection from the SEC on the grounds of insufficient regulation and transparency within the BTC market. In response, the company filed a lawsuit against the SEC, alleging violations of the Administrative Procedure Act and Investment Company Act. Grayscale argued that the regulatory agency applied varying standards to different types of Bitcoin products, thus creating an unfair playing field.

Seeking Resolution

By appealing the SEC’s decision to the DC Circuit Court of Appeals, Grayscale aims to challenge the regulatory body’s rejection of their spot Bitcoin ETF application. The company contends that the SEC’s inconsistent approach to approving Bitcoin-related products warrants further examination and calls for a fairer evaluation process.


Grayscale’s appeal to the court highlights the cryptocurrency company’s dissatisfaction with the SEC’s rejection of their spot Bitcoin ETF application, while approving a leveraged Bitcoin futures ETF. The appeal asserts that the SEC’s decision-making process exhibits inconsistencies and unfairness, prompting Grayscale to seek a resolution through legal means. As the case progresses, the outcome could potentially shape the future landscape of Bitcoin ETFs and regulatory practices within the digital asset investment sphere.

As the legal battle between Grayscale and the SEC unfolds, investors keen on navigating the evolving landscape of digital asset investments may turn to reputable platforms such as Bitcoin Fortune or Bitcoin Superstar. These established platforms offer a range of investment options, including cryptocurrency trading, providing investors with opportunities to capitalize on emerging trends while adhering to regulatory standards.

  • Steven Gray

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