Grayscale Investments is utilizing its Ether (ETH) futures exchange-traded fund (ETF) software as a “malicious program” to nook america Securities and Change Fee into approving its spot Ether ETF, says Bloomberg ETF analyst James Seyffart.

Seyffart stated in a Nov. 15 X (Twitter) publish following the SEC delaying Grayscale’s ETH futures ETF bid that he believes if the SEC approves Grayscale’s software, then it might allow Grayscale to argue for the approval of its spot Ether ETF software.

If the SEC denies Grayscale’s bid, the asset supervisor may argue the SEC is treating Bitcoin (BTC) and Ether futures ETFs otherwise by permitting one below the Securities Act of 1933 however not the opposite.

“Watch [the SEC] attempt to both approve and argue why that is completely different from spot. Or Deny and argue why 1933 act merchandise are meaningfully completely different from 1940 act merchandise. Each are dangerous for SEC [in my opinion]. Genius transfer.”

Grayscale’s Ether futures ETF bid was submitted through a kind 19b-4 — which exchanges file to tell the SEC of a security-based swap request. Seyffart stated not one of the 40 or so authorised Ether ETF merchandise went by the 19b-4 approval course of.

Seyffart was initially not sure why Grayscale filed its Ether futures ETF through a 19b-4. He now believes Grayscale is enjoying “chess” with the SEC by utilizing the Ether Futures ETF as a “malicious program” to acquire a 19b-4 order from the regulator to nook them right into a lose-lose scenario.

Seyffart and Scott Johnsson, Normal President at Van Buren Capital Normal, agreed Grayscale wouldn’t launch the Ether futures ETF.

“Uncertain this product ever trades, however helpful as a vessel to get spot ETH over the end line,” Johnsson stated.

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Seyffart’s feedback come because the SEC delayed its resolution on Grayscale’s Ether futures ETF on Nov. 15 — two days sooner than its Nov. 17 deadline. Seyffart stated he wasn’t stunned by the delay.

Hashdex’s software to transform its Bitcoin futures exchange-traded fund (ETF) right into a spot product was additionally placed on maintain by the securities regulator on Nov. 15.

BlackRock shared an identical sentiment to Seyffart final week, arguing that the SEC would not have a authentic motive to deal with cryptocurrency spot and futures ETF purposes otherwise.

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