Statement of Commissioner Caroline D. Pham Regarding KuCoin Complaint

Commodity Futures Trading Commission (CFTC) Commissioner Caroline D. Pham today released the following statement regarding the CFTC's complaint filed March 26, 2024 in the U.S. District Court for the Southern District of New York:

"The CFTC has filed another aggressive enforcement action exercising our authority to pursue alleged unregistered crypto asset derivatives trading platforms and other violations of law. I commend the Division of Enforcement's vigilance in protecting our markets. However, I note that the complaint appears to assert that fund shares held by investors-namely, securities-can themselves constitute leveraged trading pursuant to section 2(c)(2)(D) of the Commodity Exchange Act. This interpretation fails to distinguish between an investment in a fund, which would typically be a security under the jurisdiction of the SEC, and the trading activities of a fund, alleged here to be under the CFTC's jurisdiction. The CFTC's approach may infringe upon the SEC's authority and undermine decades of robust investor protection laws by conflating a financial instrument with a financial activity, disrupting the foundations of securities markets. Owning shares is not the same thing as trading derivatives."