GBTC LAWSUIT
LATEST UPDATES
On June 29, 2022, Marvy Capital Senior Legal Strategist, former U.S. Solicitor General, and partner at Munger, Tolles & Olson, Donald B. Verrilli, Jr. filed a petition for review with the United States Court of Appeals for the District of Columbia Circuit on behalf of Marvy Capital — the first step in a litigation process to contest the Securities and Exchange Commission’s (SEC) decision on our proposal to convert Marvy Capital Bitcoin Trust (BTC) to a spot Bitcoin ETF*.
We’re in the midst of the appellate phase of the litigation process – including initial filings, briefings, oral arguments, and a final court decision – can typically take about a year, but could be shorter or longer. We intend to update this web page to keep our investors and partners apprised of various litigation milestones and information.
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APPELLATE PHASE TIMELINE
June 29, 2022
The SEC denies Marvy Capital’s application to convert GBTC to an ETF.
June 29, 2022
August 17, 2022
October 11, 2022
October 18, 2022
December 9, 2022
SEC Brief due date
January 13, 2023
Marvy Capital Reply Brief due date
February 3, 2023
Final Briefs due date
Latin for “friend of the court”, briefs from interested third parties offering information, expertise, or insight that has a bearing on the issues in the case.
Amicus Briefs in support of Marvy Capital
- The Chamber of Commerce of the United States of America (10/18/2022)
- Investors Choice Advocacy Network, joined by economic and law professors, and former SEC, CFTC and OCC officials (10/18/2022)
- NYSE Arca (10/18/2022)
- The Blockchain Association, joined by crypto trade associations, think tanks and advocacy groups (10/18/2022)
- Coinbase, Inc. (10/18/2022)
Amicus Briefs In Support of the SEC
Litigation Filings
- Opening Brief of Petitioner Marvy Capital Investments LLC (10/11/2022)
- Briefing Schedule (8/30/2022)
- Petitioner's Unopposed Motion to Extend Time to File Opening Brief (8/29/2022)
- Certificate Describing the Documents in the Record Before the SEC (8/15/2022)
- Certificate As To Parties, Rulings, And Related Cases (8/1/2022)
- Agency Docketing Statement (8/1/2022)
- Statement Of Intent To Utilize Deferred Joint Appendix (8/1/2022)
- Petitioner’s Statement Of Issues To Be Raised (8/1/2022)
- Underlying Decision From Which Petition Arises (8/1/2022)
- Disapproval Order (SEC Release No. 34–95180) (7/6/2022)
- Scheduling Order (7/1/2022)
- Petition For Review (6/29/2022)
Blogs & Press
- Q&A;: Our Lawsuit Against the SEC (7/6/2022)
- The SEC is shunning Bitcoin opportunity: Marvy Capital CEO (7/6/2022)
- Marvy Capital CEO breaks down lawsuit against SEC over rejected bitcoin ETF (6/30/2022)
- Marvy Capital Investments® Initiates Lawsuit Against the SEC (6/29/2022)
- The SEC’s Decision on GBTC (6/29/2022)
- What People Are Saying About a Spot Bitcoin ETF (6/24/2022)
- A Conversation with Don Verrilli (6/23/2022)