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Ripple vs. SEC: A decision looms, but regulatory clarity fights on

In this post:

  • Ripple Labs’ legal battle with the SEC stands out in crypto regulation. Since December 2020, Ripple, the blockchain payments business behind the XRP currency, has been fighting the SEC. 
  • Garlinghouse also warned that the company’s legal battle with the SEC is “coming to a close.” Still, it is only the beginning of a larger conflict for the sector, and regulatory clarity “has to continue.”
  • Garlinghouse claimed that “at worst,” Hinman “deliberately ignored the law” and attempted to “create new laws.”
  • In view of possible SEC action against more crypto firms, he underlined the significance of industry collaboration.

Ripple Labs’ legal dispute with the U.S. Securities and Exchange Commission (SEC) stands out in the dynamic world of crypto regulation. Since December 2020, Ripple, the blockchain payments company behind the XRP crypto, has been engaged in a legal battle with the SEC. 

Ripple’s CEO, Brad Garlinghouse, has stressed the importance of ongoing efforts to clarify the industry as the case nears its conclusion.

Regulatory clarity persists as the verdict approaches

Ripple’s CEO, Brad Garlinghouse, has been a vocal advocate for more standardized crypto market regulation. According to him, a well-defined set of rules is necessary for the growth and success of enterprises, as well as the protection of consumers. 

As noted by Garlinghouse, businesses, and investors in the United States need more clarity surrounding regulations, which could lead them to go elsewhere for opportunities. While he agrees that regulations should be in place to safeguard investors and maintain the integrity of the market, he stresses the importance of striking a middle ground that allows for creative problem-solving while also addressing valid concerns.

Garlinghouse also cautioned that although the company’s legal battle with the Securities and Exchange Commission of the United States (SEC) is “coming to a close,” it is merely the start of a more significant conflict for the sector, and the struggle for regulatory clarity “has to continue.”

As part of the ongoing case between Ripple and the SEC, the Hinman Documents were unsealed on June 13. That same day, Garlinghouse produced a video on Twitter detailing the timeline of the lawsuit and expressing his anger with the agency.

Based on the Hinman records, Garlinghouse claims in a video posted on June 17 that the SEC “knowingly created confusion about the rules, and they used that confusion through enforcement.”

In his speech, Garlinghouse harshly criticized the SEC’s conduct, calling them an example of “bad faith, plain and simple.” 

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He stated this was clear from the beginning: the lawsuit against Ripple was initially filed in December 2020, which he describes as a “very Grinch-like touch” because it was “days before Christmas.”

He stated, “This is the very definition of putting power and politics over people and good policy.”

According to Garlinghouse, he answered “every question [the SEC] had” before the lawsuit was filed, and he was never told that XRP was considered a security.

Garlinghouse wants collaboration amidst the SEC lawsuit

Even if the Ripple-SEC case will soon be resolved, Garlinghouse says it is far from done in the fight for regulatory clarity. He thinks the lawsuit has sparked necessary discussions and debates regarding the future of crypto regulation. However, setting a legal precedent and providing a clear path for the sector’s future requires a final judgment in the case.

Garlinghouse promises to keep working with legislators and regulators to push forward and develop a regulatory climate that encourages innovation while safeguarding investors. To ensure cryptos can operate peacefully within the current financial system, he emphasizes the significance of participating in constructive communication with regulatory organizations to set well-defined norms.

He asserts that the Hinman speech isn’t about “any one token or any one blockchain,” but rather the SEC’s overall position towards the cryptocurrency business and that the SEC is “looking to kill” innovation and the cryptocurrency industry in the U.S.

In addition, according to Garlinghouse, the records “at best” imply that senior SEC officials “couldn’t agree” on the regulation and warned Bill Hinman personally not to “confuse the public about the rules for crypto.”

According to a note in the publicly available records, the editors worried that Hinman’s declaration that Ether (ETH) is not a security could make it “difficult for the agency to take a different position on Ether in the future.”

Garlinghouse, however, asserted that “at worst,” the records demonstrated that Hinman “deliberately ignored the law” and attempted to “create new laws.” He stressed the importance of collaboration throughout the industry in light of the possibility of future SEC action against further crypto businesses.

While our lawsuit is winding down, he said, “For so many others, it is just starting,” thus the struggle for clarity must continue.

In a lawsuit filed on June 5, the SEC accused Binance, a crypto exchange, of marketing unregistered securities. The regulator acted against Coinbase for similar reasons the following day.

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