SEC Rejects Bitwise Bitcoin ETF as Crypto Markets Rally 5% Amid Regulatory Crosswinds

The Broad View

The cryptocurrency market delivered a contradictory performance on October 9, 2019. While the U.S. Securities and Exchange Commission delivered another blow to institutional Bitcoin adoption by rejecting the Bitwise Bitcoin ETF Trust proposal, digital asset prices surged across the board. Bitcoin closed the day at $8,596, a 5 percent gain, while Ethereum climbed 6.26 percent to $193.29. The total cryptocurrency market capitalization swelled to approximately $231.5 billion, having added $16.7 billion in just two days since October 7.

The disconnect between regulatory headwinds and market optimism reflects a maturing asset class that is increasingly driven by its own momentum rather than the approval or disapproval of U.S. regulators. The SEC rejection came on the same day that the IRS released its first cryptocurrency tax guidance in five years — a reminder that the regulatory apparatus is expanding, not retreating, from the crypto space.

Binance Coin (BNB) led the top-ten performers with a 10.64 percent daily gain to $17.81, followed by Bitcoin SV (BSV) at 8.28 percent ($91.41) and Chainlink (LINK) at 8.95 percent ($2.80). The breadth of the rally — every top-ten coin in the green — signals broad-based buying rather than sector-specific speculation.

Key Support/Resistance

Bitcoin’s price action on October 9 tells a story of decisive breakout. After spending the weekend of October 5-6 in a sharp correction that saw BTC drop below $8,000 to hit $7,760 — its lowest level since June — the benchmark cryptocurrency staged a dramatic recovery. Monday, October 7 opened with a large green candle, gaining 4.5 percent to reclaim $8,200. Tuesday saw a brief push above $8,300 before retreating to $8,175. Then came Wednesday’s breakout: a clean 5 percent move that closed at $8,596.

The $8,500-$8,600 zone now serves as immediate resistance. Above that, the $8,800-$9,000 range represents the next major hurdle, a zone that has capped upside multiple times in September. On the support side, $8,200 has solidified as a near-term floor after Monday’s recovery, with the $7,760 weekend low serving as the critical bottom that bulls successfully defended.

Ethereum’s chart mirrors Bitcoin’s trajectory. ETH dropped to $170 on October 6 before recovering to $180 on Monday. The October 9 rally brought ETH to $193, testing the psychologically important $200 level. A sustained break above $200 could trigger additional buying pressure from momentum traders who have been waiting on the sidelines during the weeks-long correction.

Institutional Flows

The SEC’s rejection of the Bitwise Bitcoin ETF proposal on October 9 underscores the persistent institutional barriers to crypto market participation. The Commission’s order, published as Release No. 34-87267, disapproved NYSE Arca’s proposed rule change to list and trade shares of the Bitwise Bitcoin ETF Trust. The SEC emphasized that its disapproval does not rest on an evaluation of whether Bitcoin or blockchain technology has utility or value — rather, it cited concerns about the lack of surveillance-sharing agreements and the question of whether a “real” Bitcoin market exists free from manipulation.

The rejection follows a familiar pattern. The SEC has now denied multiple Bitcoin ETF proposals, including the Winklevoss Bitcoin Trust in 2018 and nine Bitcoin ETFs in a single batch in August 2018. Each rejection has been met with disappointment from institutional investors who view an ETF as the key vehicle for bringing mainstream capital into the space.

However, the regulatory landscape is not entirely closed. On October 4, NYSE Arca filed an amendment to a separate proposal for the United States Bitcoin and Treasury Investment Trust, which would hold both Bitcoin and short-term U.S. Treasury securities. The SEC is soliciting public comments on this modified proposal, which has received nine submissions as of October 10. Additionally, the SEC itself stayed its Bitwise rejection order on October 15 for Commission review, suggesting the door is not permanently closed.

Beyond the ETF arena, institutional infrastructure continues to expand. Bakkt’s physically settled Bitcoin futures, which launched in September, are seeing gradually increasing volumes, and the CME Group’s Bitcoin futures remain a significant institutional on-ramp.

Sentiment Indicators

Market sentiment on October 9 presents a complex picture. The 5 percent Bitcoin rally and broad-based altcoin recovery suggest underlying bullish momentum, yet the SEC rejection would traditionally be a bearish catalyst. This divergence indicates that the market has largely priced in regulatory delays and is responding more to technical factors and global macroeconomic conditions.

The IRS guidance released on the same day adds another layer. Revenue Ruling 2019-24 provides clarity on the tax treatment of hard forks and airdrops — a question that has vexed crypto holders since the Bitcoin Cash fork of 2017. While the ruling creates new tax obligations (forked coins are taxable as ordinary income at fair market value when received), the mere fact of having clear rules reduces uncertainty, which the market typically views positively.

On-chain metrics also support the bullish case. Bitcoin has recovered from its weekend dip below $8,000, and the speed of the recovery — from $7,760 to $8,596 in three days — suggests strong buying interest at lower levels. Binance’s announcement of a peer-to-peer trading service for Bitcoin, Ethereum, and Tether against the Chinese Yuan adds another potential demand source, particularly significant given China’s renewed interest in blockchain technology.

The Bull/Bear Case

Bull Case: The rapid recovery from the weekend dip shows that buyers are stepping in aggressively at lower levels. The $16.7 billion addition to total market cap in two days demonstrates real capital inflows, not just speculative positioning. Regulatory clarity from the IRS reduces uncertainty, and the breadth of the rally across all top-ten coins suggests sustained buying. The Chinese market opening through Binance P2P could introduce significant new demand. A break above $8,800 with volume could trigger a run toward the psychologically important $10,000 level.

Bear Case: The SEC’s continued rejection of Bitcoin ETFs keeps the most significant institutional gateway closed. Trading volumes, while improved, remain well below the peaks seen earlier in 2019. Bitcoin has failed to hold above $8,500 multiple times this year, and the current rally may simply be a dead cat bounce within a broader downtrend from the June highs near $13,000. The IRS ruling, while providing clarity, also creates tax burdens that could discourage participation. If the $8,200 support breaks again, a retest of $7,760 or lower becomes likely.

The market sits at an inflection point. Whether October 9 marks the beginning of a sustained recovery or another false breakout within a broader correction will depend on Bitcoin’s ability to convert $8,500 from resistance into support in the coming sessions.

Disclaimer: This article is for informational purposes only and does not constitute financial or investment advice. Cryptocurrency markets are highly volatile and past performance is not indicative of future results. Readers should conduct their own research and consult with a qualified financial advisor before making any investment decisions.

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8 thoughts on “SEC Rejects Bitwise Bitcoin ETF as Crypto Markets Rally 5% Amid Regulatory Crosswinds”

  1. optional_approval

    every top-10 coin in the green on the same day the SEC rejected a Bitcoin ETF. the market was telling regulators that their approval was optional

    1. every single top 10 coin green on the day SEC rejected a Bitcoin ETF. the market was screaming that regulators dont control this asset class

      1. Rachel BTC rallying 5% on an ETF rejection and IRS releasing crypto tax guidance the same day. 2019 was when crypto grew up

  2. SEC rejected Bitwise, market rallied 5% anyway. Even back in 2019 crypto was starting to decouple from regulatory approval narratives.

    1. etf_timeline_ 2019 was when the market started realizing ETF approval was optional for price discovery. BTC rallied 5% on the rejection because fundamentals were already decoupling

      1. etf_historian_ exactly. 2019 was the inflection point where the market realized ETF approval was a bonus not a requirement for price appreciation

    2. SEC rejected Bitwise and BTC rallied 5% to $8,596. market realized regulatory approval was a matter of when not if. the ETF thesis was already priced in by 2019

  3. Bitcoin at $7,760 then recovering to $8,596 in days. Every bear market bottom looks obvious in hindsight but feels terrifying in the moment.

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