The core argument in favor of approving a spot bitcoin ETF, at least at this time, is that the SEC’s concerns about manipulation are literally inconsistent – and possibly in violation of the Administrative Procedure Act, as Ribbit Capital’s Sigal Mandelker and Jessi Brooks wrote. The agency has already approved exchange-traded products that use bitcoin futures contracts, particularly NYSE Arca’s proposal to list and trade shares of the Teucrium Bitcoin Futures Fund and Nasdaq’s proposal to list and trade shares of the Valkyrie XBTO Bitcoin Futures Fund. Both of the funds provide “surveillance-sharing agreements” designed to prevent manipulation, which the SEC says every spot BTC application has lacked.
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