Crypto Communications

Carlos Gamez filed this request with the Securities and Exchange Commission of the United States of America.
Tracking #

22-01851-FOIA

22-01850-FOIA

22-01850

22-01850-FOIA

22-01851-FOIA

23-00003-FIFO

22-01852-FOIA

Est. Completion Aug. 31, 2023
Status
Fix Required

Communications

From: Carlos Gamez

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

1. All documents and communications sent to and from Coinbase, Inc. from January 2012 which includes all letters and emails to the following individuals: Brian Armstrong, Emilie Choi, and Paul Grewal
The scope of the above item in this request includes all communications sent from the Securities Exchange Commission and the head officer of the Division of Enforcement
2. All memos created by the Securities and Exchange Commission and the Division of Enforcement that contains the following words and phrases (non-inclusive): Yuga Labs, Bored Ape Yacht Club, and ApeCoin from November 2021 to the present date
3. All emails between SEC commissioners that includes the following phrases, Yuga Labs, Bored Ape Yacht Club, and ApeCoin
4. All physical and digital communications sent to and from Yuga Labs (https://yuga.com) from the SEC commission or the Division of Enforcement that includes the following phrases: Yuga Labs, Bored Ape Yacht Club, ApeCoin, security, and token from April 2021 to the present date
5. All emails sent to and from the head of the Division of Enforcement since April 2020 that has the following words and phrases: Coinbase LEND, stablecoin lending, Coinbase, token, and coinbase investigation
6. All communications from the FOIA office to the Division of Enforcement regarding FOIA request 22-00250 and 22-00251
I hereby request a fee waiver for this FOIA request based on the current public interest in the government's stance of cryptocurrencies and NFTs potentially being treated as securities. The records requested pertain to possible investigations and related communications between parties that have had a major impact on the cryptocurrency space. The records requested will likely contribute to the understanding since it will gain insight into how the SEC has interacted with a cryptocurrency exchange over the years and will allow for a determination as to whether the government has any plans to securitize digital creations known as non-fungible tokens. It should be known that over the past two years there has been an influx of people that have a Coinbase account or a Metamask wallet that contains either cryptocurrency or non-fungible tokens. There has been stated to be over 56 million users that have a Coinbase account, of which at least six million users actively trade cryptocurrency (https://backlinko.com/coinbase-users?msclkid=05ddd511ba7e11ec899343ed0df9bd83). Yuga Labs have become a relevant theme in culture and financial news, especially with the recent release of ApeCoin which has a current market cap of over $3 billion dollars. Upon searching the term Bored Ape Yacht Club, there has been over 14,000 related stories which shows the interest in the project and also Yuga Labs. The release of the records will give insight to those who are looking for an accurate depiction of how the government has interacted with various entities. There is currently no information that is readily available that will give as much insight such as documents and emails from the Securities and Exchange Commission.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Carlos Gamez

From: Securities and Exchange Commission

Hello Mr. Gomez,

This message concerns your attached request which contains 6 items. Item number 6 has been designated as request number 22-01853-FOIA and assigned to me for processing. Item number 6 is for "All communications from the FOIA office to the Division of Enforcement regarding FOIA requests 22-00250 and 22-00251."

We have different categories of requests that may contain the same request number but with a different extension such as 22-00250-FOIA; 22-00250-T; 22-00250-E. In order to process item 6 of your request, please provide the full request numbers for the 22-00250 and 22-00251 of interest to you. We will place this request on hold until we receive the necessary information from you.

Thank you.

Warren E. Jackson
Research Specialist
Office of FOIA Services
U.S. Securities & Exchange Commission
100 F Street, NE - SP 2
Room 2802
Washington, DC 20549
jacksonw@sec.gov<mailto:jacksonw@sec.gov>
(202) 551-8312

From: Carlos Gamez

Good morning,
I hope that this email finds you well. Both requests are as follows: 22-00250-FOIA and 22-00251-FOIA. I hope this clarifies the request. Thank you.
Sincerely,
Carlos Gamez

From: Securities and Exchange Commission

Thank you for the information.

From: Securities and Exchange Commission

None

From: Securities and Exchange Commission

None

From: Securities and Exchange Commission

None

From: Carlos Gamez

I hereby request that this request be put in the complex track.

From: Securities and Exchange Commission

Good morning Mr. Gamez,

Thank you for your email. By letter dated September 20, 2022, we advised you we have identified approximately 0.906 gigabytes (equivalent to approximately 54,540 pages[1] ) of emails that may be responsive to your request for "all emails sent to and from the head of the Division of Enforcement since April 2020 that has the following words and phrases: Coinbase LEND, stablecoin lending, Coinbase, token, and coinbase investigation." .

Since the records are voluminous, if requested, we would process them in our Complex track. At stated in our letter, we anticipate that it may take thirty-six months or more before we can begin to process a request placed in our Complex track.

Please advise if you would prefer to have your request placed in our complex track or if you intend to attempt to narrow your request to possibly avoid placement in the complex track?

If you would like to narrow your request you may wish to to consider narrowing the time period to a shorter time period; or a shorter time period with only certain keywords. You may also want to consider excluding attachments and/or automated daily news clippings emails.

You response to our letter was due by November 2, 2022, but we will grant you an extension of time to respond. Please advise how you wish to proceed by November 15, 2022. If we do not hear back from you by that date, your request will be administratively closed.

Sincerely,

Ronnye L. Hall
FOIA Research Specialist
U.S. Securities and Exchange Commission
Office of FOIA Services
Direct: 202-551-8353
Email: hallr@sec.gov<mailto:hallr@sec.gov>

From: Carlos Gamez

I previously sent a response stating I desired that it be placed in the complex track.

From: Securities and Exchange Commission

Mr. Gamez,

Thank you for email. With regard to the status of your request, by letter dated September 20, 2022, we advised you that we identified approximately 0.906 gigabytes (equivalent to approximately 54,540 pages) of emails that may be responsive to your request. In our letter, we advised you that due to the volume of records, your request would require processing in our Complex track. Further, we asked that if you are interested in having us place your request in our Complex Track, that you write or call by me November 2, 2022 and identify the records of interest to you.

By email on September 26, 2022, you agreed to have your request placed in our complex track. As such, your request has been placed in our complex track and assigned the new tracking number 23-00003-FIFO. Please refer to this tracking number in any correspondence. We presently anticipate that it may take thirty-six months or more before we can begin to process your request.

Sincerely,

Ronnye L. Hall
FOIA Research Specialist
U.S. Securities and Exchange Commission
Office of FOIA Services
Direct: 202-551-8353
Email: hallr@sec.gov<mailto:hallr@sec.gov>

From: Securities and Exchange Commission

None

From: Carlos Gamez

Good afternoon,
I hope that this email finds you well. I recently received a letter in regards to FOIA request 22-01851-FOIA. I am looking to clarify the specific individuals for communications regarding this request. I have listed the specific individuals below, and please inform me if any other information is needed to make the request more specific and limit the volume. Thank you.
Director of Division of Enforcement (Gurbir S. Grewal and previous director)
Gary Gensler
Hester M. Peirce
Caroline A. Crenshaw
Mark Uyeda
Jaime Lizarraga

Sincerely,

Carlos Gamez

From: Securities and Exchange Commission

Mr. Gamez,

Thank you for your email. With regard to 23-00003-FOIA, that request will be processed in our complex track and we presently anticipate that it may take thirty-six months or more before we can begin to process it.

With regard to 22-01851-FOIA, it is noted that you limited your request to the following individuals:

Director of Division of Enforcement (Gurbir S. Grewal and previous director)
Gary Gensler
Hester M. Peirce
Caroline A. Crenshaw
Mark Uyeda
Jaime Lizarraga

Please confirm that you would like for us to conduct the search using the following phrases/search terms:
Yuga Labs + security
Yuga Labs + token
Bored Ape Yacht Club + security
Bored Ape Yacht Club + token
Ape Coin + security
Ape Coin + token

Please respond by February 3, 2023, so we can proceed with processing Request No. 22-01851-FOIA.

Sincerely,

Ronnye L. Hall
FOIA Research Specialist
U.S. Securities and Exchange Commission
Office of FOIA Services
Direct: 202-551-8353
Email: hallr@sec.gov<mailto:hallr@sec.gov>

From: Carlos Gamez

Good afternoon,
I can now confirm that the limitations presented for request 22-01851-FOIA are correct. Thank you.

From: Securities and Exchange Commission

Mr. Gamez,

Thank you for your confirmation.

Sincerely,

Ronnye L. Hall
FOIA Research Specialist
U.S. Securities and Exchange Commission
Office of FOIA Services
Direct: 202-551-8353
Email: hallr@sec.gov<mailto:hallr@sec.gov>

From: Securities and Exchange Commission

Mr. Gamez,

Thank you for your inquiry regarding the status of 23-00003-FIFO. By letter dated September 20, 2022, we advised you that we identified approximately 0.906 gigabytes (equivalent to approximately 54,540 pages) of emails that may be responsive to your request and that due to the volume of records, your request would require processing in our Complex track. In our September 20th letter, we also asked that if you are interested in having us place your request in our Complex Track, that you write or call by us by November 2, 2022 and identify the records of interest to you. Please note that November 2, 2022, was not an estimated date of completion instead it was the date that we asked for you to let us know your interest in having your request placed in our Complex Track.

By email on September 26, 2022, you agreed to have your request placed in our Complex Track. As such, your request was placed in our Complex Track and assigned tracking number 23-00003-FIFO. Presently, we anticipate that it may take thirty-six months or more before we can begin to process 23-00003-FIFO.

If you have any questions, please contact me.

Sincerely,

Ronnye L. Hall
FOIA Lead Research Specialist
U.S. Securities and Exchange Commission
Office of FOIA Services
Direct: 202-551-8353
Email: hallr@sec.gov<mailto:hallr@sec.gov>

From: Securities and Exchange Commission

Mr. Gamez,

Thank you for your inquiry. By email on March 9, 2023, we informed you that the November 2, 2022 date was not an estimated date of completion. Instead, it is the date that we asked for you to respond to us regarding your interest in having your request placed in our Complex Track. Since you agreed to have your request placed in our Complex Track on September 26, 2022, it was assigned as tracking number 23-00003-FIFO. On March 9th we also advised you that we anticipate that it may take thirty-six months or more before we can begin to process 23-00003-FIFO. Currently, the status remains the same.

Please let me know if you have any questions.

Sincerely,
Ronnye L. Hall
FOIA Lead Research Specialist
U.S. Securities and Exchange Commission
Office of FOIA Services
Email: hallr@sec.gov<mailto:hallr@sec.gov>
Direct: 202-551-8353

From: Securities and Exchange Commission

Dear Mr. Gamez, This concerns your FOIA request dated May 5, 2022, for all physical and digital communications sent to and from Yuga Labs (https://yuga.com) from the SEC commission or the Division of Enforcement that includes the following phrases: Yuga Labs, Bored Ape Yacht Club, ApeCoin, security, and token from April 2021 to the present date. By email on January 31, 2023, you agreed to limit your request tothe following individuals: Director of Division of Enforcement (Gurbir S. Grewal and previous director)
Gary Gensler
Hester M. Peirce
Caroline A. Crenshaw
Mark Uyeda
Jaime Lizarraga You also agreed to the search using thefollowing phrases/search terms: Yuga Labs + security
Yuga Labs + token
Bored Ape Yacht Club + security
Bored Ape Yacht Club + token
Ape Coin + security
Ape Coin + token We sincerely apologize for the delay in responding to your FOIA request.  Our office is experiencing a backlog of FOIA requests that has impacted our ability to process your request.  Due to the passage of time, we are writing to see if you are still interested in having your FOIA request processed.  If you are still interested in pursuing this request, please confirm your continued interest as soon as possible, but no later than September 26, 2023. Please be advised that if we do not hear from you within this time period, we will assume that you have elected not to pursue your request and it will be administratively closed. If you have any questions, please contact me at (202) 551-8353. Thank you for your cooperation and patience. Sincerely, Ronnye L. Hall Lead Research Specialist Office of FOIA Services OFFICE +1(202) 551-8353 hallr@sec.gov

From: Carlos Gamez

Good afternoon,
I am still interested in seeing FOIA request 22-01851 processed. Thank you.

Sincerely,

Carlos Gamez

From: Securities and Exchange Commission

Mr. Gamez,

I have been attempting to reach you, but my emails have been bouncing back, so I am piggybacking off this email to Mrs. Hall.

Please see the attached letter regarding FOIA Request No. 22-01850-FOIA.

Thank you.

From: Securities and Exchange Commission

Good morning,

I have received your voicemail stating that you are still interested in the processing of your FOIA request.

Thank you.

From:

Dear Mr. Gamez,

Hello, I found this email address on the muckrock website related to the Bored Ape/Yuga Labs FOIA request. I am investigating the company for securities law violations. Has there been any production of documents pursuant to the request? I am interested in learning the current status because we may issue a request of our own.
Best,
John

[cid:originallogo_a19532d5-fa36-4997-96b1-5d332cefecc5.png]

John Jasnoch, Attorney

From: Securities and Exchange Commission

Hi Mr. Gamez,

I am writing this email in regard to your FOIA request #22-01850. The search for records in this case returned some news articles that mention some of the key phrases that you included in your request. Would you like us to include these articles? The articles are not informative and just include random mentions. Please respond to this email letting me know and let me know if you have any questions.

Thank you,

Kim Outlaw (Contractor)
Law Clerk Senior, C2 Alaska LLC
U.S. Securities and Exchange Commission
Outlawk@sec.gov<mailto:Outlawk@sec.gov>
419-351-1696

From: Carlos Gamez

Good morning,

At this time, I do not want the news articles to be included in this request. Thank you.

Sincerely,

Carlos Gamez

From: Securities and Exchange Commission

Received, thank you.

From: Securities and Exchange Commission

Please see letter attached. Thank you.

From: Securities and Exchange Commission

None

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