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How Legal Decisions in Ripple and Coinbase Cases are Affecting SEC Landscape

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by Giorgi Kostiuk

a year ago


Amidst the recent legal battles between the SEC and the cryptocurrency industry, intriguing statements and decisions have surfaced. Let's explore the latest developments involving Ripple and Coinbase.

Ripple Lawyer on SEC's Failures

Stuart Alderoty, the chief legal officer of Ripple, commented on the latest legal setbacks of the U.S. Securities and Exchange Commission (SEC). He stated that the agency's "anti-crypto crusade" is starting to collapse. The Third Circuit Court of Appeals described the SEC's actions as "arbitrary" and "capricious" in relation to the rejection of Coinbase's petition for comprehensive rulemaking. The SEC has been mandated to provide reasons for its denial.

Accusations Against SEC

The court emphasized that "sporadically enforcing ill-fitting rules" against various crypto companies extends beyond merely combating fraud. Alderoty claims that Judge Stephanos Bibas has "laid bare" what the cryptocurrency industry has been saying for years. According to the top Ripple lawyer, the current SEC administration was attempting to ban the industry by selectively enforcing securities laws.

Coinbase: Victory or Defeat?

Despite Coinbase CLO Paul Grewal's claim of winning its petition in the Third Circuit, attorney Fred Rispoli argues that this is not the case. In fact, Coinbase lost on almost every argument, and the petition issue can be addressed by the SEC upon remand. However, the concurrence highlighted by Alderoty might bode well for Ripple as it aligns with their appellate argument.

There is a phenomenal concurrence by Judge Bibas (p.50) that is exactly what Ripple is appealing: That old, musty dusty crusty rules from a century ago don't work for crypto.Stuart Alderoty

Judicial defeats for the SEC mark another milestone in the growing opposition from crypto entities towards its actions. The outcomes of Ripple and Coinbase cases set precedents that may impact the future regulation of the crypto industry.

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