Internal tensions at the SEC exposed in Hinman documents

TL;DR Breakdown

  • The Hinman documents cause a stir im  the crypto community and coffussion in the regulatory fronts.
  • The Hinman documents cover the internal SEC correspondence relating to a speech given by former director William Hinman in 2018.

Hinman documents recently made public have exposed internal tensions within the U.S. Securities and Exchange Commission (SEC), raising concerns about the agency’s intentions in the continuing legal battle with Ripple. The documents revealed the SEC’s position on crypto, which impacted investor safety. Stuart Alderoty, the chief legal officer of Ripple, claims that the SEC purposefully increased regulatory ambiguity. 

Ripple’s claims: SEC purposefully increased regulatory ambiguity

According to reports, recent revelations in the Hinman documents, which have become public amid the legal dispute between Ripple and the U.S. Securities and Exchange Commission (SEC), have exposed internal conflicts within the SEC. This development has sparked inquiries into the SEC’s actions and decision-making processes surrounding cryptocurrencies.

The Hinman documents cover the internal SEC correspondence relating to a speech given by former director William Hinman in 2018. Crypto analysts claims that the Hinman records present a picture of an organization that is more concerned with enlarging its purview than carrying out its core duty of safeguarding American investors:

One analyst pointed out that one of the unredacted Hinman documents showed that the Office of General Counsel of the SEC had accepted the potential that crypto would fall under an “other” category. This shows that cryptocurrencies are not classified as securities under the Howey test’s notion of a controlling organization because there isn’t one. Similar to other items like prescription drugs or credit cards, laws may still be necessary to protect consumers.

According to market analyst, the main problem is that while cryptocurrencies may have certain traits of securities, their essential qualities set them apart from conventional securities. As a result, although cryptocurrency regulation is essential, it shouldn’t be left entirely in the hands of securities regulators, who are seen as “power-hungry.”

Ripple and crypto industry react to Hinman document disclosure

Reports have it on good authority that the disclosure of the Hinman documents has opened a Pandora’s box of potential implications for Ripple and the greater crypto industry. “Now that these documents are public, it demonstrates the rabbit hole goes much, much deeper, and further document requests will be issued soon […] be it from other litigants, Congressional investigators, FOIA requests, etc

According to analysts, other records that illuminate the circumstances surrounding Hinman’s speech and demonstrate the conceivable participation of numerous institutions and people in forming the story may be requested. Investigating SEC staff contacts regarding why Hinman disobeyed their advice to leave ether out of his speech is part of this process.

Although William Hinman, the former head of the SEC’s corporation finance division, received a lot of attention this week for his insider discussions that led to the creation of a five-year-old speech, there were never any formal commission-approved rules or guidelines regarding the status of ether (ETH) at the time of the agency’s earlier uncertainty. The discussion surrounding the former official’s remark may provide new information, but it is unlikely to impact the agency’s crypto policy.

Ripple challenges SEC on ether regulation

Andrew Hinkes, a lawyer at K&L Gates and co-chair of its digital assets practice, clarified that the Hinman documents do not establish legal precedent or create new laws. Instead, they offer valuable insights into the viewpoints of specific SEC staff members at a particular moment, providing a helpful understanding of the agency’s position on the crypto-as-securities debate. However, Hinkes emphasized that the SEC cannot be held accountable based on the contents of these documents.

Hinman stated in his speech, which is still available on the SEC website, that he didn’t “see a need to regulate ether”—a position that SEC officials were disputing as he made his statement. Given the similarities between ETH and the closely affiliated Ripple’s company XRP token, the remarks have received special attention from Ripple.

On June 15, Ripple Chief Legal Officer Stuart Alderoty expressed his belief that the SEC contributed to regulatory confusion within the marketplace. He stated that the SEC was aware of the existing confusion and deliberately took action to exacerbate it. Additionally, Alderoty shared his perspective on Twitter, suggesting that William Hinman’s speech should no longer be considered a valid reference in any substantial discussion regarding whether a token qualifies as a security.

The organization has moved on with additional comments from SEC Chair Gary Gensler that support a different viewpoint instead of relying on Hinman’s opinion in recent years. Gensler stated that such tokens might be securities after Ethereum‘s well-publicized switch to proof-of-stake. However, he did not specifically mention ETH.

Disclaimer. The information provided is not trading advice. Cryptopolitan.com holds no liability for any investments made based on the information provided on this page. We strongly recommend independent research and/or consultation with a qualified professional before making any investment decision.

文章来源于互联网:Internal tensions at the SEC exposed in Hinman documents

Disclaimers:

1. You are solely responsible for your investment decisions and this info is not liable for any losses you may incur.

2. The copyright of this article belongs to the writer, it represents the writer's opinions only, not represents the site's ones. Not financial advice.

Previous 2023年6月18日 21:28
Next 2023年6月18日 22:19

Related articles

  • Congressman Ritchie Torres asks SEC to stop its assault on crypto

    TL;DR Breakdown Congressman Ritchie Torres has urged the SEC to review its strict approach toward cryptocurrencies. Torres criticized the SEC’s use of the Howey Test and suggested digital assets could be part of securities contracts. He also highlighted the SEC’s lack of clear communication with the industry, stressing the current regulatory uncertainty. Description US Congressman Ritchie Torres has written a scathing letter to the SEC Chair, Gary Gensler, urging SEC to stop its assault on cryptocurrencies. In the aftermath of a decisive lawsuit loss against Ripple Labs, wherein the court ruled XRP was not a security, Torres questioned the SEC’s continued, harsh scrutiny of digital assets in one … Read more US Congressman Ritchie Torres has written a scathing letter to the SEC Chair, Gary Gensler, urging SEC to stop its assault on cryptocurrencies. In the aftermath of a decisive lawsuit loss against Ripple Labs, wherein the court ruled XRP was not a security, Torres questioned the SEC’s continued, harsh scrutiny of digital assets in one of his recent letters.  The Bronx representative criticized the SEC’s usage of the Howey…

    Article 2023年7月19日
  • US Lawmakers seek risk assessment on El Salvador’s Bitcoin adoption

    TL;DR Breakdown US lawmakers show concern following El Salvador’s Bitcoin-friendly policy. The lawmakers want a bill to regulate Bitcoin risks. As El Salvador continues to attract more tourists due to its Bitcoin-friendly policies, US lawmakers are raising concerns about potential risks posed by the nation’s adoption of the cryptocurrency. US lawmakers Jim Risch (R-Idaho) and Bob Menendez (D-N.J.), ranking member and chairman of the Senate Foreign Relations Committee, reintroduced a bipartisan bill requesting a State Department report on the impact of El Salvador’s Bitcoin adoption on bilateral economic relations and law enforcement cooperation. US lawmakers wary of El Salvador’s Bitcoin-friendly stance The Accountability for Cryptocurrency in El Salvador (ACES) Act, initially introduced in February last year by Risch, Menendez, and Bill Cassidy (R-La.), aims to shed light on the consequences of Bitcoin becoming legal tender in El Salvador. The US lawmakers are particularly interested in understanding the risks associated with cybersecurity, economic stability, and democratic governance in the country. El Salvador gained global attention in 2021 when it became the first country to adopt Bitcoin as a legal tender. President…

    Article 2023年6月8日
  • KT announces ambitious $5.3 billion investment plan for AI advancement by 2027

    TL;DR Breakdown KT, a South Korean mobile carrier, has made a ground-breaking declaration, announcing its aim to invest $5.3 billion in artificial intelligence (AI) technologies by 2027. South Korean mobile company KT, formerly Korea Telecom, plans to invest $5.3 billion (7 trillion won) in AI service research and development over the next five years, establishing itself as a leader. KT isn’t alone in the competition to become the AI industry leader; big names in tech like Amazon, Microsoft, Adobe, and Zoom are all making significant advances in artificial intelligence. Description KT, a South Korean mobile carrier, has made a ground-breaking declaration, announcing its aim to invest $5.3 billion in artificial intelligence (AI) technologies by 2027. By utilizing AI’s enormous potential to spur innovation and revolutionize numerous facets of the economy, the company wants to firmly establish itself as a leader in the field, which is … Read more KT, a South Korean mobile carrier, has made a ground-breaking declaration, announcing its aim to invest $5.3 billion in artificial intelligence (AI) technologies by 2027. By utilizing AI’s enormous potential to spur…

    Article 2023年6月26日
  • Singapore’s Monetary Authority unveils innovative guidelines for crypto assets

    TL;DR Breakdown The Monetary Authority of Singapore (MAS) proposes comprehensive guidelines for regulating crypto assets. Purpose Bound Money (PBM) aims to revolutionize digital currency transactions by allowing seamless transfers across platforms and currencies. PBM empowers users to customize transaction characteristics and enhance the functionality of digital currencies. Description The Monetary Authority of Singapore (MAS) has taken a significant stride towards creating a uniform regulatory framework for using crypto assets. MAS has proposed a comprehensive set of guidelines to govern the evolving digital currency landscape in a groundbreaking move. The move aims to provide clarity and security while fostering innovation in cryptocurrencies. Purpose-bound money … Read more The Monetary Authority of Singapore (MAS) has taken a significant stride towards creating a uniform regulatory framework for using crypto assets. MAS has proposed a comprehensive set of guidelines to govern the evolving digital currency landscape in a groundbreaking move. The move aims to provide clarity and security while fostering innovation in cryptocurrencies. Purpose-bound money (PBM) to revolutionize digital currency transactions Today, MAS released a whitepaper outlining its groundbreaking initiative, Purpose Bound Money (PBM)….

    Article 2023年6月24日
  • Tech giants notify EU of compliance with digital antitrust rules

    TL;DR Breakdown Tech giants, including Amazon, Apple, Google, Microsoft, and others, have notified the EU of their compliance with digital antitrust rules. The EU’s regulations aim to curb the dominance of gatekeeper platforms and promote fair competition. Companies designated as gatekeepers will face obligations such as restrictions on pre-installing certain apps and favoring their own services, and they must allow third-party payment systems and alternative app downloads. Description  Several prominent tech companies, including Amazon.com Inc., Apple Inc., Google’s parent company Alphabet Inc., and Microsoft Corp., have officially informed the European Union (EU) that they meet the requirements to be subjected to the bloc’s digital antitrust regulations. This announcement is expected to have far-reaching implications for how these industry leaders operate within the EU. … Read more  Several prominent tech companies, including Amazon.com Inc., Apple Inc., Google’s parent company Alphabet Inc., and Microsoft Corp., have officially informed the European Union (EU) that they meet the requirements to be subjected to the bloc’s digital antitrust regulations. This announcement is expected to have far-reaching implications for how these industry leaders operate within the…

    Article 2023年7月6日
TOP