Nvidia Faces Growing Pressure in Crypto Sales Suit Backed by US Justice Department and SEC

As an analyst with over two decades of experience in financial markets, I find the ongoing legal battle between Nvidia and its investors intriguing, especially given the backing from the US Justice Department (DoJ) and the Securities and Exchange Commission (SEC).


Two key U.S. regulatory bodies, the Department of Justice (DoJ) and the Securities and Exchange Commission (SEC), have supported the class-action lawsuit against Nvidia in the Supreme Court. They’ve urged the highest court to let the investors continue with their case, allowing due process of law to unfold.

Since 2018, Nvidia has been embroiled in a legal dispute due to accusations that the company misled investors by failing to disclose its reliance on sales to cryptocurrency miners, which is believed to have affected market confidence.

Nvidia Crypto Sales Suit Should Proceed, SEC and DOJ Says

In their latest legal brief, the agencies contend that the investors’ complaints are comprehensive and provide enough details to withstand a district court’s decision to dismiss. As a result, they have urged the Supreme Court to uphold the revival of the proposed class action, as decided by the US Court of Appeals for the Ninth Circuit.

Based on what we see, it appears that the U.S. government has a personal stake in this lawsuit. This is evident from the amicus curiae brief they submitted regarding this particular case.

As stated by the SEC and DoJ, these private lawsuits serve as additional means to support the criminal investigations led by the Justice Department and the enforcement efforts made by the SEC.

Additionally, US Solicitor General Elizabeth Prelogar has requested a 10-minute slot to argue her position in the case, set for hearing on November 10th. In other words, she plans to speak on the case’s details then. Prelogar expressed this intention herself.

Given the situation, it’s crucial for the government to ensure a correct interpretation of one of the laws pertaining to investor lawsuits, known as the Private Securities Litigation Reform Act.

The Suit in View

2018 saw a lawsuit filed by Nvidia investors, accusing Nvidia and its CEO Jensen Huang of concealing the extent to which they relied on cryptocurrency mining revenue. The plaintiffs asserted that Nvidia and Huang failed to disclose over $1 billion in GPU sales to crypto miners. Furthermore, they argued that the company underestimated its significant number of sales to the industry, among various other accusations.

Originally, the case was thrown out, but Nvidia’s investors chose to challenge this ruling. It was this action that eventually brought the case back to life in August when the Ninth Circuit Court of Appeals intervened.

As a crypto investor, I stand firmly behind Nvidia amidst the ongoing legal dispute. The company is adamant in defending itself against allegations made in a class suit. It argues that the case’s foundation hinges on fabricated data about its revenue sources attributed to a hired expert. Consequently, it has petitioned the Supreme Court in an attempt to overturn this decision.

It appears that my trust in Nvidia’s statements has been shaken, as both the DOJ and SEC seem to be skeptical about their claims. They are adamant that no deceptions occurred. Furthermore, it seems that some Nvidia investors might have uncovered evidence from former officials of the company and a Bank of Canada report suggesting that Nvidia underreported its cryptocurrency earnings by an astounding $1.35 billion.

Additional supportive briefs have likewise been submitted on behalf of Nvidia’s investors. These come from legal scholars, numerical analysts, the Anti-Fraud Alliance, institutional shareholders, and the American Justice Association.

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2024-10-04 12:57