Regulation
Stuart Alderoty Slams US SEC As Ripple Weighs Cross Appeal
XRP Lawsuit: Ripple’s Chief Legal Officer, Stuart Alderoty, has voiced his frustration with the U.S. Securities and Exchange Commission (SEC) following the agency’s recent notice of appeal.
Ripple is now contemplating filing a cross-appeal, potentially targeting both Judge Analisa Torres’ ruling on institutional sales or the $125 million penalty imposed in August.
XRP Lawsuit: Stuart Alderoty Slams US SEC
In a recent X post, Ripple CLO Stuart Alderoty addressed the SEC’s decision to appeal parts of the court’s ruling. In this case, the company has until October 18 to let the court know if it will appeal the decision, as per Fox Journalist, Eleanor Terret. According to her, the aspects of Ripple’s appeal could be based on Judge Torres’ findings that the XRP sales to institutional investors were unlawful under securities laws and the $125 million fine.
If Gensler and the SEC were rational, they would have moved on from this case long ago. It certainly hasn’t protected investors and instead has damaged the credibility and reputation of the SEC.
Somehow, they still haven’t gotten the message: they lost on everything that… https://t.co/1hW7xVSL9b
— Brad Garlinghouse (@bgarlinghouse) October 2, 2024
The cross-appeal would be wrapped into the same case now heading to the U.S. Court of Appeals for the Second Circuit.
Alderoty stated that he was dissatisfied with the decision of the SEC to pursue the litigation, adding that the complaint was a complete embarrassment to the commission. He noted that the court dismissed allegations of negligence on the part of Ripple, as well as lack of fraud and harmed investors. As much as the US SEC has been adamant, Stuart Alderoty was insistent that Ripple would continue its defense and more so for the rest of the cryptocurrency companies.
Agency’s Appeal and Brad Garlinghouse Response
The SEC filing of its notice of appeal in the XRP Lawsuit is just days before the October 7 deadline, signaling its intent to challenge Judge Torres’ ruling from July 2023. In that ruling, the court found that while XRP’s programmatic sales through exchanges were not securities transactions, sales to institutional investors did violate securities laws. The reason to appeal to the Securities and Exchange Commission can therefore be either or both of these points though more details have not been confirmed yet.
In his response to the decision, Ripple CEO Brad Garlinghouse also stated that the SEC has continued to squander taxpayers’ funds on what they described as a “losing fight.” Garlinghouse further noted that the SEC had not served the interest of investors but instead harmed itself by stating “I’m not surprised. I’m pissed.” He also pointed out that XRP’s status as a non-security for programmatic sales remains unchanged despite the Securities and Exchange Commission’s appeal.
Alderoty also noted the timing of Gurbir Grewal’s resignation, the SEC’s Director of the Division of Enforcement, who stepped down one hour before the SEC filed its appeal on the XRP Lawsuit. Grewal’s departure has raised more questions on the future of the Securities and Exchange Commission and its leadership since Chair Gary Gensler has been under fire over the handling of cryptocurrency and enforcement.
Both Ripple CLO Stuart Alderoty, Brad Garlinghouse and the rest of leadership, have constantly lambasted the Securities and Exchange Commission for its handling of the case, accusing the agency of being in bad faith. This comes as Grewal departs from the agency, leaving room for speculations whether or not there will be changes to the US SEC’s approach to enforcing laws in the crypto space.
XRP Price Tanks Over 10% Post Appeal
After the US SEC notice of appeal on the XRP lawsuit, the token’s price has decreased significantly. At press time, XRP price was trading at $0.5331, an 11% decline from the 24 hour high.
Despite this dip, cryptocurrency commentator CredibleCrypto highlighted Bitwise’s recent filing for an XRP exchange-traded fund (ETF), signaling growing interest in the asset.
Yes, I’m aware of the SEC appeal on the @Ripple case, but at the same time in the last 12 hours (seemingly unbeknownst to a lot of crypto twitter) @BitwiseInvest just filed for an $XRP ETF.
XRP will be the next approved ETF after $BTC and $ETH imo.
As far as narratives go, I… https://t.co/CBwx6IT9nc
— CrediBULL Crypto (@CredibleCrypto) October 2, 2024
The analyst as a result suggested that XRP could be the next cryptocurrency after Bitcoin and Ethereum to receive ETF approval, despite the ongoing legal case. The appeal, according to CredibleCrypto, is unlikely to affect XRP’s market trajectory in the long term.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
Regulation
Donald Trump Win Key For XRP & Solana ETFs, Bloomberg Analyst
Bloomberg analyst Eric Balchunas has hinted that a potential Donald Trump victory in the upcoming U.S. presidential election could influence the fate of XRP and Solana ETFs.
This comment follows Bitwise’s recent steps toward creating an XRP ETF by registering a trust entity in Delaware. Concurrently, it is ahead of the U.S. Securities and Exchange Commission’s (SEC) deadline to appeal Judge Torres’ ruling that secondary sales of XRP on exchanges are not securities.
Donald Trump Win Key For XRP, Solana ETFs
In the recent thread on X (previously Twitter), Bloomberg analyst Eric Balchunas pointed out that under the current regulation, led by the SEC Chairman Gary Gensler, it has become difficult to approve the new cryptocurrency ETFs, such as the one for SOL and XRP. He pointed out that Gary Gensler has taken a strict stance towards the crypto market and this has affected big players such as Binance and Coinbase.
You’ve heard of the Fed Put. This is like the Trump Call.. filings for XRP or Solana or any other alt coins are basically like a cheap call option on a Trump win as Genz will be gone and anything’s poss. Harris wins no way these get approved, and the “call” expires worthless. https://t.co/mkpCbqEuQ4
— Eric Balchunas (@EricBalchunas) October 1, 2024
But Balchunas has pointed out that former president Donald Trump’s win could result in Gensler being replaced, paving the way for softer rules that would enable approval of ETFs for such altcoins as Solana and XRP. Balchunas compared the situation to a “Trump Call,” meaning that those who applied for XRP or Solana ETFs are more or less betting on Trump’s win, hoping that his administration would select a new chair of the SEC who might be more willing to approve such funds.
He predicts that if Kamala Harris beats Donald Trump, there will be no changes to the existing regulation and thus any possibilities for these ETFs would be lost and the “call” on these filings would be useless. However, with Kamala Harris recent shift in stance and pledge to maintain the US dominance in Blockchain and AI, some hope may linger for a potential approval of the ETFs. Moreover, Anthony Scaramucci confirmed that the Vice President is developing crypto policies which aligns with recent calls for a crypto roundtable by a group of DeFi leaders.
Bitwise Takes Steps Toward XRP ETF
Bitwise has taken a big step towards listing an XRP ETF by registering a trust entity in Delaware. This comes in the wake of other applications from other big investment firms including BlackRock and Fidelity who had earlier submitted applications for Bitcoin and Ether ETFs.
Despite the recent developments, the likelihood of being approved remains uncertain. Moreover, the SEC has until October 7, 2024, to appeal Judge Torres’ July ruling, which determined that secondary sales of XRP on exchanges were not classified as securities. Despite this, many experts, including former SEC officials, expect the agency to appeal the decision, further delaying any progress on an XRP ETF hence downplaying the Donald Trump effect.
Should the SEC opt to appeal, most analysts, including Alex Thorn, of Intangible Coins, believe that the chances of the XRP ETF getting approval would be slim to zero.
Solana ETF Faces Similar Challenges
The Solana ETF, like the XRP ETF, faces a tough path ahead under the current SEC administration. Despite the demand for such investment vehicles, the SEC has been reluctant to approve additional cryptocurrency-based ETFs, even after approving spot Bitcoin and Ethereum ETFs. The president of The ETF Store, Nate Geraci, has stated that under the current administration, the chances of a Solana ETF being approved within the next year or two remain slim.
In Brazil, however, two spot Solana ETFs have already been approved, further highlighting the disparity in regulatory approaches between different jurisdictions.
Similarly, Geraci also pointed out that the political environment could be the key to the approval of these ETFs, especially the result of the 2024 U.S. presidential election. If the former president Donald Trump becomes the president, it may lead to the change in the leadership of the SEC, which in its turn, may lead to more tolerant crypto regulations. On the other hand, Geraci says that if Kamala Harris were to win the presidency, there is no change in the current situation, and the approval of Solana and XRP ETFs would remain highly unlikely.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
Regulation
CFTC Pushed By Coinbase To Match US SEC’s Document Disclosure
Coinbase has filed a motion to compel the U.S. Commodity Futures Trading Commission (CFTC) to produce communications with issuers of 12 tokens named in a related lawsuit brought by the Securities and Exchange Commission (SEC).
The cryptocurrency exchange wants this information to help it in a lawsuit that is ongoing in the Southern District of New York (SDNY). This follows a previous order by the court to the SEC to produce similar documents that Coinbase has said are crucial for the case.
Coinbase Seeks CFTC Compliance Following SEC Lawsuit
Coinbase’s motion comes after a court ordered the SEC to produce records of communications between the US SEC and the issuers of the 12 tokens in question. The SEC has accused Coinbase of listing these tokens without meeting the necessary requirements to be a securities exchange and states that the assets are unregistered securities under the Howey Test.
According to the exchanges CLO Paul Grewal, they disputes this, saying that the Commodity Futures Trading Commission has also been in touch with the token issuers and that these documents may be relevant to deciding whether the assets are investment contracts.
Today, @Coinbase filed a narrow motion in DDC to compel @CFTC to produce communications between the agency and the 12 token issuers named in our @SECGov enforcement suit. These are the same types of comms that the SDNY already granted against the SEC. Basic due process requires…
— paulgrewal.eth (@iampaulgrewal) October 1, 2024
Consequently, the exchange wants the same cooperation from the CFTC, referring it to their defense. According to Coinbase, these communications are important for understanding the development, use, and functionality of the tokens, which are important factors for determining whether they are securities.
During this move, the cryptocurrency exchange has requested the SEC to issue a clear legal framework for digital assets stating that the current securities laws are not applicable to the crypto space.
CFTC Faces Pushback After Refusing to Comply
Coinbase’s latest legal action against the Commodity Futures Trading Commission is in response to the agency’s failure to honor a subpoena that was issued in June 2024. The subpoena sought information on documents and communication between the Commodity Futures Trading Commission and the issuers of the 12 tokens named in relation to the tokens.
According to Coinbase, such information from the third parties is critical to its defense and may shed light on whether the tokens are securities as per the CFTC’s communications with them.
Despite the exchange’s efforts to narrow the scope of its request, the CFTC has resisted, citing concerns about relevance, burden, and privilege. The agency has yet to conduct any searches for the requested documents. Coinbase, as a result, pushed back, offering to cover the costs of searching and reviewing the materials, and arguing that the burden on the CFTC is reasonable given the significance of the case.
In the midst of its ongoing legal challenges, the exchange announced a scheduled system upgrade that will temporarily affect its platform. The upgrade is planned for Saturday and several services, including Simple and Advanced Trade, will be unavailable among others.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
Regulation
Kamala Harris Urged To Host Crypto Policy Roundtable In October
Vice President Kamala Harris’ campaign team has been sent a letter by a group of Web3 and decentralized finance (DeFi) leaders requesting a meeting. They are looking to debate on measures that can foster innovation in the US blockchain and cryptocurrency markets without leaving anyone behind.
The letter, sent on Tuesday, was signed by more than 20 members of the crypto industry such as Cleve Mesidor of the National Policy Network WOC Blockchain and Olayinka Odeniran of the Black Women Blockchain Council. The signers stressed the importance of policies that enable all kinds of creators and guarantee that US continues to dominate the Web3 frontier.
Kamala Harris Urged To Host Crypto Policy Roundtable
In their letter, the group urged the Kamala Harris-Walz campaign to participate in a conversation on the parameters for a regulatory environment that would enable such innovation in Web3 and DeFi.
They called for the establishment of rules that can support consumer protection and at the same time foster financial access and capital accumulation.
The leaders complained that the current policies put in place have made it hard for the vulnerable groups to get into cryptocurrencies. The signers noted that people of color including the black, Latino, Asian American and Indigenous are the early adopters of crypto but are still excluded from the traditional financial system.
Concurrently, they demanded for an inclusion of their voices in the policy making process so as to be part of the decision making forum.
“We want a seat at the policy table and a say in the regulatory debate,” they wrote.
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Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
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