The SEC stated in its ruling that it utilised "the same approach used in its decisions reviewing previous requests to list bitcoin-based commodity trusts" and that One River's proposed rule change did not comply with its fraud prevention regulations. One River Digital, founded by Eric Peters in 2020, is said to have the support of Alan Howard, co-founder of Brevan Howard Asset Management. The hedge fund has now joined a growing list of financial institutions that have attempted and failed to work with the SEC.
The SEC's decision to deny the application is not wholly unexpected, given that numerous institutions had filed for clearance but were also denied. These companies are New York Digital Investment Group (NYDIG), Skybridge, Global X, and Fidelity Investments. The Commission has stated that it has rejected spot Bitcoin ETF proposals in most cases because of concerns about manipulation and fraud.
The SEC rejected Ark 21Share's joint application, which was filed on behalf of Cboe BZX Exchange and collaborated with Wall Street giant Cathie Wood's Ark Investment Management and investment firm 21Shares. The SEC stated that BZX did not meet the requirements for investor protection because it did not meet the Exchange Act's burden requirements.
Grayscale Investments met with the SEC last month to continue its attempts to meet the compliance criteria for turning its Grayscale Bitcoin Trust (GBTC) into a spot bitcoin ETF, which has been pending with the regulator since early 2017.