- Ripple’s chief legal counsel, Stuart Alderoty, emphasizes the importance of holding the SEC and Chairman Gary Gensler accountable, citing the legal consequences of Gensler’s statements.
- Concerns are raised about Gensler’s prejudgment and lack of neutrality in considering digital assets, as he consistently labels cryptocurrencies, except Bitcoin, as securities.
Stuart Alderoty, the chief legal counsel at Ripple Labs Inc, is among those calling for accountability at the United States Securities and Exchange Commission (SEC). This is just one of the many in the industry who think and believe there is a conflict of interest exists within the leadership of the regulatory body. Alderoty recently stressed that Chairman Gary Gensler’s statements have legal consequences, responding to a tweet from Blockchain Association Policy Lead Jake Chervinsky.
Jake Chervinsky accuses Gensler of prejudging every digital asset as a security, arguing that he should recuse himself from enforcement actions related to the nascent asset class. Chervinsky highlights the importance of impartial assessment through the Wells Process, where cases initiated by the SEC staff should be evaluated neutrally by the commissioners, who are meant to be unbiased. However, Chervinsky asserts that Gensler’s position lacks neutrality, as he consistently classifies all cryptocurrencies, except Bitcoin, as securities.
This bias is considered as a hindering the careful analysis required to determine the security classification of assets within the crypto industry.
Another area of concern revolves around the integrity of the SEC’s enforcement actions against various cryptocurrency exchanges. Notable exchanges such as Kraken, Bittrex, Coinbase, and Binance have faced enforcement actions from the SEC.
However, industry leaders have criticized the commission for potential favoritism, particularly in the case of the now bankrupt FTX derivatives exchange. Even Binance CEO Changpeng “CZ” Zhao has highlighted the lack of action against FTX despite its illegal operations, raising questions about the fairness and integrity of the SEC’s enforcement proceedings.
In a separate development, pro-XRP lawyer John E. Deaton dismisses claims that the ongoing SEC vs. Ripple lawsuit was staged. He argues that his involvement, along with 76,000 XRP investors, demonstrates the genuine nature of the case. Deaton clarifies that his motion to intervene has never been filed in the United States, where individual investors would typically request to be defendants in a lawsuit. He affirms that the legal battle between the SEC and Ripple is real, with Coinbase and Kraken’s delisting of XRP due to the lawsuit being additional evidence of its authenticity.
Critics within the crypto community have alleged that the SEC vs. Ripple lawsuit was staged. Cypress Demanincor, CEO of CYPRX Superior Trading, suggests that Ripple’s participation in prominent fintech-related events indicates a setup. Demanincor questions how a company sued by the SEC for illegal activities can be involved in such events, implying a premeditated plan. However, Australian-based lawyer Bill Morgan disagrees, stating that Ripple’s contribution to driving institutional adoption of digital assets justifies its involvement in such events.
