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Ripple’s Top Lawyer Raises Concerns Over SEC’s Handling of Crypto Cases

In a flurry of pointed social media posts, Stuart Alderoty, Ripple’s top legal mind, has thrown the spotlight on what he perceives as significant inconsistencies and inadequacies in the U.S. Securities and Exchange Commission’s (SEC) approach toward cases involving cryptocurrencies. Alderoty’s scrutiny has unearthed a disconcerting trend, revealing a series of unfavorable court rulings against the SEC’s practices in crypto-related litigations.

The recent string of legal setbacks for the SEC began to unravel on July 12, 2022, with a damning court finding in the case of SEC v Ripple. Here, the court chastised the SEC, citing “hypocrisy” and flagging inconsistent arguments that seemed to deviate from a “faithful allegiance to the law.”

Further compounding the regulatory body’s woes, a subsequent case on June 6, 2023, involving Coinbase, saw the court concur that the SEC had defaulted on its duty to provide a good-faith response to Coinbase’s petition for crypto rulemaking. This failure to act in earnest drew significant criticism.

The pattern of legal rebukes against the SEC only seemed to gain momentum. In a pivotal ruling on August 29, 2023, the court found fault with the SEC’s “inconsistent treatment of similar products,” branding it as arbitrary and capricious. The Grayscale v SEC case underscored the regulatory body’s apparent lack of consistency in its dealings with crypto-related entities.

However, the most recent blow to the SEC came on November 30, 2023, in the case against Debt Box. The court not only ordered the SEC to explain itself but also raised the possibility of sanctions due to alleged false and misleading representations made by the regulatory body. This high-profile development has garnered attention beyond legal circles, with billionaire Mark Cuban taking notice and highlighting the Debt Box case in his recent social media post.

Stuart Alderoty’s vocal criticism through social media platforms has brought these issues to the forefront, amplifying concerns about the SEC’s handling of crypto-related cases. Alderoty’s scrutiny has raised fundamental questions about the regulatory body’s consistency, adherence to legal norms, and overall approach to regulating the burgeoning crypto landscape.

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