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© 2026 Benzinga | All Rights Reserved
October 27, 2023 1:48 PM 2 min read

Spot Bitcoin ETF Set For Approval In A Few Months, Predicts Former SEC Insider

by Murtuza J Merchant Benzinga Staff Writer
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There's an increased expectation of a spot Bitcoin (CRYPTO: BTC) Exchange Traded Fund (ETF) being approved in the coming months, in light of recent developments surrounding cryptocurrency regulations.

This news aligns with the upcoming Benzinga's Future of Digital Assets conference scheduled for Nov. 14, where discussions on the evolving crypto landscape will be at the forefront.

Neel Maitra, a partner at Wilson Sonsini who formerly worked for SEC Chairman Gary Gensler in the crypto division, recently discussed the state of crypto regulations in the U.S. with Canaccord Genuity.

Maitra's insights suggest a gradual positive momentum in favor of the crypto industry, particularly in light of court victories achieved by Ripple and Grayscale.

The former's case emphasized that not all cryptos should be classified as securities, while Grayscale's win sets a promising precedent for the possibility of a spot BTC ETF.

Bitcoin's recent 26% surge to approximately $34K in October further amplifies the optimism.

Maitra pointed out the strong correlation between BTC futures and the spot market, indicating that concerns over market manipulation might be overblown.

"At a high level, it does seem that a spot BTC ETF is something that could indeed be approved and be trading in a matter of months," he said, noting a shift in the SEC's position to crypto regulations.

Also Read: Taiwan's Crypto Regulatory Bill: This Could Be A Template For Other Countries To Follow

While the commission remains consistent in its stance on many tokens being securities, Maitra suggests that dropping the case against Ripple's (CRYPTO: XRP) executives indicates a more cautious approach, potentially to avoid complicating their broader regulatory objectives.

If the views from the Ripple case are upheld, exchanges like Coinbase Global Inc (NASDAQ:COIN) and Binance (CRYPTO: BNB) could leverage such a judgment in their favor.

The SEC's decision against appealing Grayscale's appellate court win further opens the door for a spot BTC ETF.

Bitcoin's price surge in October coincided with revised spot BTC ETF applications from major financial institutions and the SEC's dwindling time to appeal against the Grayscale decision.

"I think these products will go ahead...Grayscale's CEO has sort of said it's a question of when, not if, and I tend to think that that's right," Maitra said.

However, uncertainty remains on how individual crypto assets and issuers will be targeted.

The Howie Test continues to be a point of contention between the SEC and the industry. Despite the SEC's acceptance of Ethereum futures ETFs, Ethereum's (CRYPTO: ETH) status post-merge still remains speculative, Maitra noted.

Read Next: Investors In This Country Prefer Altcoins And Tron Over Bitcoin, Ethereum: Here's Why

Photo: Shutterstock

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© 2026 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.

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Posted In:
CryptocurrencyNewsSECMarketscryptocurrency regulationDigital AssetsGrayscaleSpot Bitcoin ETF
BNB/USD Logo
$BNBBNB
Not Available-%
Overview
BTC/USD Logo
$BTCBitcoin
$67830.37-3.83%
ETH/USD Logo
$ETHEthereum
$2008.24-2.59%
XRP/USD Logo
$XRPRipple
$1.39-5.03%
COIN Logo
COINCoinbase Global Inc
$165.800.41%

Industry titans BlackRock, DTCC, OCC, State Street, Société Générale, Hedera, Citi, BMO, Northern Trust, Citibank, Amazon, S&P Global, Google, Invesco, and Moody’s will join our November 13 Fintech Deal Day and November 14 Future of Digital Assets. Secure a spot here to join them!

BNB/USD Logo
$BNBBNB
Not Available-%
Overview
BTC/USD Logo
$BTCBitcoin
$67830.37-3.83%
ETH/USD Logo
$ETHEthereum
$2008.24-2.59%
XRP/USD Logo
$XRPRipple
$1.39-5.03%
COIN Logo
COINCoinbase Global Inc
$165.800.41%
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