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Bitcoin miner Marathon Digital hit with another SEC subpoena

The first subpoena was given to Marathon in the third quarter of 2021, concerning whether it may have violated federal securities laws relating to its data center in Hardin.

Bitcoin (BTC) miner Marathon Digital has disclosed that it received another subpoena from the United States Securities and Exchange Commission relating to its 100-megawatt data center in Hardin, Montana.

According to Marathon’s quarterly report filed May 10, it received the subpoena on April 10 “relating to, among other things, transactions with related parties” that occurred while it was creating the facility in Montana, adding:

“We understand that the SEC may be investigating whether or not there may have been any violations of the federal securities law. We are cooperating with the SEC.”

The subpoena is the second one received by Marathon regarding the facility. It also received one late in the third quarter of 2021 in which the SEC ordered the firm to produce a number of related documents and communications.

A Marathon spokesperson declined to provide any additional comments.

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On May 9, Marathon announced that it had partnered with digital assets infrastructure company Zero Two to create a large-scale immersion Bitcoin mining facility in Abu Dhabi.

The facility would consist of two mining mines with a combined 250-megawatt capacity, and Marathon noted that while mining in Abu Dhabi would normally be infeasible, its “custom-built immersion solution” would be sufficient to ensure the mining rigs remained cool.

The announcement came just two months after the Biden administration proposed a new tax for crypto miners operating in the U.S., which would require them to pay a tax equal to 30% of the cost of any electricity used while mining for crypto.

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Marathon’s first Bitcoin sale in 2 years not the result of distress

A company spokesman says the second-biggest publicly listed holder of BTC wants to have a “war chest” of liquidity composed of both cash and Bitcoin.

The second largest publicly-listed holder of Bitcoin, crypto mining firm Marathon Digital Holdings has offloaded some of its Bitcoin (BTC) for the first time in two years. 

A spokesman told Cointelegraph this was not a result of financial distress. 

According to an update posted on Feb. 2, the company disclosed that during January it sold 1,500 BTC, worth $35.3 million at current prices.

While some crypto miners have been forced to sell Bitcoin due to distress, Marathon vice president of corporate communications Charlie Schumacher said this was not the case for Marathon.

Marathon Digital's Bitcoin Mining Data Center in Hardin, Montana. Source: Marathon Digital

Schumacher said that Marathon had been diamond-handing its Bitcoin until now, as the firm didn’t want to sell while production was down, and has been bullish on the long-term prospects of the leading cryptocurrency.

But coming into the new year, Marathon wants to have a “war-chest” of liquidity composed of both cash and Bitcoin and is looking to continue paying down debt and increase its cash positions.

Schumacher also noted that Bitcoin’s recent uptick in price contributed to the decision to sell some of its holdings.

 January saw Bitcoin rise above the $24,000 price level for the first time since August.

Even after the sale, Marathon managed to increase its unrestricted Bitcoin holdings in the month to 8,090 BTC ($189.8 million).

Operational highlights from Marathon’s latest update. Source: Marathon Digital Holdings

Marathon said it also had significantly ramped up Bitcoin production throughout January, producing 687 BTC, which represents an increase of 45% compared to the month prior. In the update, Marathon chairman and CEO Fred Thiel noted: 

“The improvement in our bitcoin production was primarily a result of our team’s ability to work in tandem with the new hosting provider in McCamey, Texas, to address the maintenance and technical issues at the King Mountain data center that had suppressed our bitcoin production in the fourth quarter of 2022."

Last year, Marathon noted in a May 4 update that the last time it had sold any Bitcoin was on Oct. 21, 2020, and has been hodling since then.

When asked how it had managed to avoid selling the main product of its business operations, Schumacher pointed to the firm’s low headcount, consisting of “32 people as of today,” and suggested it was a result of sound long-term financial strategies.

Related: Bitcoin price is up, but BTC mining stocks could remain vulnerable throughout 2023

Marathon is the second-biggest publicly listed holder of Bitcoin according to CoinGecko, beaten only by software analytics company MicroStrategy. It has recorded a significant boost in its share price in recent days, with MARA stock rising 135% so far this year to $8, according to MarketWatch.

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