Watch Daily: Monday - Friday, 3 PM ET Following Monday's show taping, an SEC spokesperson responded to CNBC's request for comment on the court's denial of Kraken's motion to dismiss the agency's lawsuit against the crypto exchange writing, "Once again, a court confirmed that the framework used to identify securities for nearly 80 years still applies, regardless of the labels used. Investors in crypto assets offered or sold as securities should get the same protections as investors in other securities, even when they are traded using intermediaries. Platforms for trading such crypto assets should register and ensure they have safeguards against fraud and manipulation, the commingling of customer assets, and conflicts of interests.

Until they do so, investors will continue to get hurt.".