Bitcoin exchange Coinbase was hammered with two federal class action lawsuits in two days, with one accusing employees of insider trading of Bitcoin Cash (BCH).
In the first lawsuit, the plaintiffs claim Coinbase executives illegally profited by trading on non-public information that the exchange had planned to roll out Bitcoin Cash support in December 2017.
The suit was filed March 1 in the U.S. District Court for the Northern District of California by lead plaintiff Jeffrey Berk on behalf of himself and a group of Coinbase customers.
Artificially Inflated Prices
The lawsuit alleges that this insider trading activity by Coinbase employees artificially inflated the price of Bitcoin Cash, causing customers and the rest of the cryptocurrency market (who did not have the benefit of inside information) to unfairly lose money on their trades.
The plaintiffs alleged in their complaint:
On December 19, 2017, a month after tipping off its own employees as to when it
would commence fully supporting BCH, Coinbase suddenly announced that it was opening up its books to the buying and selling of BCH within minutes after its announcements.
Unsurprisingly, those who had been tipped off, immediately swamped Coinbase and the GDAX with buy and sell orders, thinning the liquidity but obtaining BCH at fair prices. The market effect was to unfairly drive up the price of BCH for non-insider traders once BCH came on line on the Coinbase exchange.
Indeed, the price and trading volume of Bitcoin Cash spiked dramatically on December 20, as evidenced by the chart below:
The lawsuit demands a jury trial and unspecified monetary damages for “all Coinbase customers who placed purchase, sale or trade orders with Coinbase during the period of December 19, 2017 through and including December 21, 2017… and who suffered monetary loss as a result of Defendants’ wrongdoing.”
Unfair Business Practice Accusations
One day after this lawsuit was filed, Coinbase was slapped with a second class action accusing it of “unlawful and unfair business practices” and violating California’s Unclaimed Property Law.
Timothy G. Faasse and Jeffrey Hansen, on behalf of a class of customers, accuse Coinbase of fraudulently keeping funds they knew did not belong to them simply because customers had inadvertently not claimed them. The complaint alleges:
Imagine writing a cashier’s check to a friend. The bank withdraws funds from your account, but your friend never cashes the check. Does the bank get to keep the funds? The law clearly says no. But this is exactly what has happened with Cryptocurrencies sent through Coinbase.com, owned and operated by Coinbase, Inc.
Coinbase users can send Bitcoin, Ethereum, Litecoin and Bitcoin Cash (collectively “Cryptocurrencies”) to an email address. Plaintiffs and the Class were sent an email from Coinbase stating they had Cryptocurrency, with a link to create a Coinbase account to redeem it. But until 2017, most people never heard of a “Bitcoin” or cryptocurrency, so most of these emails were disregarded. And most of the Cryptocurrency went unclaimed.
But instead of notifying Plaintiffs and the Class they had unclaimed Cryptocurrencies, or turning those Cryptocurrencies over to the State of California as required by California’s Unclaimed Property Law…Coinbase kept them.
IRS Won Lawsuit, Forcing Coinbase to Hand Over User Data
This has been a rough few weeks for Coinbase. In mid-February, the digital currency exchange and wallet platform was accused of overcharging its customers.
Amid volcanic outrage from users, payments processor Visa Inc. later admitted that it had been responsible for the charging error. (See more: Visa: Coinbase Was Not Responsible For Overcharging Customers.)
One week later, Coinbase notified 13,000 customers that the IRS had ordered it to turn over data on 13,000 customers. Why? Because the IRS wants to taxes your Bitcoin gains. (See more: IRS Wants to Tax Your Bitcoin Gains: Orders Coinbase to Hand Over User Data.)
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