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1/ Problem with going ahead now is fines/penalties can be astronomical. Will a judge understand the complex issues and side against the government? Will SEC retaliate? Refusal to discuss merits is just more leverage to force a settlement/shutdown.
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1/ If true, this is pretty underhanded. I know it's easy for me to say, but Coinbase should go ahead and launch its product, let the SEC sue, and go to court. Let the SEC make its case and let a judge decide what the law is. blog.coinbase.com/the-sec-has-to
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It's called the "trial tax" in criminal prosecutions. You may be innocent, but if elect to vindicate your innocence rather than take a plea deal, the government will pile on charges and advocate for the most stringent sentencing.
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