Ripple‘s CEO, Brad Garlinghouse, has publicly voiced his opinion on the ongoing legal efforts by the U.S. Securities and Exchange Commission (SEC) to classify Ethereum (ETH) as a security. Taking to the X platform, Garlinghouse remarked on the SEC’s past legal challenges within the cryptocurrency sector, noting the commission’s historical difficulties. He referenced the SEC’s attempts to regulate the crypto industry, including its notable legal dispute with Ripple over XRP. Garlinghouse highlighted the SEC’s failure to win its case against XRP and questioned when the commission would acknowledge its potential defeat in trying to classify ETH similarly.
The debate around Ethereum’s classification has intensified following Coinbase’s Chief Legal Officer Paul Grewal‘s public defense of ETH. Grewal’s comments, supporting the argument that Ethereum does not meet the criteria of security, have added weight to the discussion. This comes in the wake of the SEC’s unsuccessful bid to categorize XRP as a security, a decision finalized by U.S. District Judge Analisa Torres in July 2023.
SEC expands oversight with crypto lawsuits surge
The legal journey of XRP sheds light on the complex regulatory landscape facing cryptocurrencies in the U.S. In 2020, the SEC accused Ripple of offering XRP as an unregistered security. However, after a protracted legal battle, Judge Torres ruled that XRP itself is not a security. Furthermore, she found that many of Ripple’s transactions involving XRP did not constitute investment contracts. Despite this, Ripple faced a partial setback when the court concluded that its institutional sales violated U.S. laws. The ramifications of this violation are pending, with the SEC scheduled to file a brief on remedies.
The SEC’s endeavors extend beyond Ripple, aiming to bring the broader U.S. crypto industry under its regulatory scope. The commission has initiated lawsuits against several exchanges and has labeled various cryptocurrencies as securities, such as SOL, MATIC, and ADA. Its latest move to categorize Ethereum as a security has surprised many, given previous statements by SEC officials indicating that Ethereum falls outside the commission’s regulatory domain.
Ethereum ETF hopes dampened by SEC actions
The potential classification of Ethereum as a security carries significant implications for the cryptocurrency market. In 2018, Bill Hinman, the former director of corporate finance at the SEC, stated that ETH was not considered a security. This stance facilitated the treatment of Ethereum as a commodity, with futures contracts listed on CFTC-registered exchanges, including the Chicago Mercantile Exchange (CME). A reversal of this position could hinder the launch of a spot-based Ethereum ETF, a development eagerly anticipated by crypto enthusiasts.
Expectations for an Ethereum ETF had been high, with predictions of approval by May 2024. However, the SEC’s recent actions have dampened hopes for a timely launch. The outcome of the SEC’s legal campaign against Ethereum remains uncertain, with potential consequences for regulatory approaches and the future of cryptocurrency investments in the U.S.
Ripple CEO Brad Garlinghouse’s statements reflect broader industry concerns about the SEC’s regulatory strategies. As the legal landscape continues to evolve, the crypto community watches closely, understanding that the outcome of these disputes could shape the regulatory and operational environment for years to come.
