The ongoing conflict between Ripple Labs and the SEC centered on the XRP lawsuit intensified on Wednesday, with Ripple’s Chief Legal Officer Stuart Alderoty accusing the SEC of failing to provide clear guidelines for crypto regulation.
The statement was made in response to SEC Director of Enforcement Gurbir Grewal’s Tuesday speech, which cited the year-long XRP lawsuit.
Following remarks at the Practicing Law Institute condemning the crypto sector’s non-compliance with regulators, Alderoty alleged that Grewal’s statements failed to paint a clear picture of the regulatory atmosphere.
In a string of X posts, Alderoty claimed that the SEC has failed to provide “clear crypto guidance” while adding and subtracting “factors from the Howey test at whim.”
Dir. Grewal says the crypto enforcement unit acts with integrity, but ignores the DebtBox sanctions for “gross abuse of power,” the Ripple Judge’s admonishment for lack of “faithful allegiance to the law,” and the “arbitrary and capricious” finding in the Grayscale case. https://t.co/rZnaumdBOd
— Stuart Alderoty (@s_alderoty) April 3, 2024
Established by the U.S. Supreme Court in 1946, The Howey test is a legal framework designed to adjudicate what offering constitutes an investment contract (a.k.a. security) and has been at the heart of critical regulatory debate regarding the crypto sector.
On Tuesday, Grewal seemingly lauded the SEC’s application of the Howey test, stating that “ the SEC has clearly and consistently applied Howey and its progeny to protect investors in the crypto space .”
“If this Agency wants to honestly repair the institutional damage inflicted (both to itself and the industry) over the last many years in this misguided war on crypto, it needs to
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