Bombolo | News and Media
In the last 24 hours leading up to 10:15 a.m. in Hong Kong, Ripple Labs' digital asset, XRP, experienced a slight downturn with a 1.3% dip in prices. This decline came as a reversal of the gains that had initially followed the release of internal Securities and Exchange Commission (SEC) documents, which Ripple claimed could provide evidence of unfair targeting through a lawsuit. Over the past week, XRP has witnessed a 2.05% decline.
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The legal battle between Ripple and the SEC began in December 2020 when the commission filed a lawsuit accusing Ripple of conducting an unregistered securities offering through the sale of XRP. Ripple's executive chairman, Chris Larsen, and chief executive officer, Brad Garlinghouse, were also named as co-defendants for allegedly aiding and abetting Ripple's violations.
As part of the ongoing lawsuit, several documents were made public on Tuesday, shedding light on a speech by former SEC director William Hinman regarding the classification of cryptocurrencies as securities. Initially, the SEC attempted to keep these documents sealed, but in a favorable ruling for Ripple, Judge Analisa Torres of the U.S. District Court for the Southern District of New York ordered their release in May.
Hinman's speech from June 2018 gained significant importance as he declared that transactions involving the Ether cryptocurrency were not securities transactions. He emphasized that applying federal securities laws' disclosure regime to Ether transactions would yield minimal benefits, similar to Bitcoin. Ripple has since used this speech to support its fair notice defense in the ongoing legal battle.
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The recently released documents include email exchanges between Hinman and several SEC staffers while preparing his 2018 speech. One particular email revealed a comment from an SEC employee expressing concerns about taking an overly definitive stance against the disclosure provisions of federal securities laws, as it might undermine the SEC's efforts regarding other crypto-assets classified as securities. The email also highlighted the SEC's reluctance to label Bitcoin as a security.
Stuart Alderoty, Ripple's chief legal officer, has called for an investigation into Hinman's conduct, claiming that the documents demonstrate Hinman's disregard for multiple warnings and reliance on fabricated legal analysis. Alderoty believes that these actions illustrate the SEC's flip-flopping behavior and its encroachment beyond its jurisdictional boundaries.
Echoing these sentiments, Ripple Labs CEO Brad Garlinghouse criticized the regulator for proceeding with Hinman's speech despite internal opposition, describing it as "absolutely unconscionable." Garlinghouse further asserted that the SEC exploited the lack of regulatory clarity and effectively weaponized it through their enforcement actions since the speech was delivered.
The recent minor dip in XRP prices following the release of SEC documents sheds light on the ongoing legal battle between Ripple and the regulatory authority. Ripple's claims of unfair targeting gain traction as the newly revealed documents indicate potential misconduct by William Hinman. This legal dispute continues to have significant ramifications within the cryptocurrency community, emphasizing the urgent need for clarity in regulatory frameworks governing digital assets.
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