Key Points:
Stuart Alderoty, Ripple’s Chief Legal Officer, has asked for a probe into what or who influenced Hinman and why comments on the speech were disregarded. He further implied that Hinman had overstepped his authority by enacting legislation without authorization.
The remark came after records from the SEC’s continuing litigation against Ripple were published earlier in the day, revealing behind-the-scenes revisions and communication regarding the speech.
In December 2020, the SEC filed a complaint against Ripple, stating that the company and two senior executives generated $1.3 billion via the sale of XRP coins, which the agency considers unregistered securities.
A key component of Ripple’s defense is determining the SEC’s securities classification process and determining why XRP was singled out while ETH and BTC were not, doing so required the release of internal SEC documents, including records related to the infamous “Hinman speech,” which effectively greenlit the two largest cryptocurrencies.
In 2018, the former SEC Director said at the Yahoo Finance All Markets Summit: Crypto that a cryptocurrency may no longer be considered a security if its network becomes sufficiently decentralized. He cited Bitcoin and Ethereum as instances of digital assets that satisfy these requirements.
“Hinman ignored multiple warnings that his speech contained made-up analysis with no basis in law, was divorced from the Howey factors, exposed regulatory gaps, and would create not just confusion, but ‘greater confusion’ in the market,” Alderoty added.
Additionally, Hinman wrote in an email dated June 4, 2018, that he sees no need to regulate ETH as a security. It also acknowledged speaking with Ethereum co-founder Vitalik Buterin over the phone “to confirm our understanding of how the Ethereum Foundation operates.”
He suggested that the SEC delete the speech from its website and that it no longer be used in discussions regarding whether or not a security is a token.
Judge Torres refused the SEC’s move to seal internal records connected to the Hinman address last month. She found that the records were not covered by deliberative process privilege, which allows executive branches of the United States government to avoid disclosure in civil lawsuits.
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