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How Would a Gary Gensler SEC Exit Affect Crypto?

The outcome could have significant implications for the crypto industry, particularly in light of changes in US leadership

October 10, 2024 12:00 PM

Reading time: 2 minutes, 8 seconds

TL;DR The U.S. SEC has filed an appeal in its ongoing case against Ripple following a federal judge's ruling in favor of Ripple. The SEC argues the decision contradicts established legal precedents.

SEC Takes Ripple Case to Appeals Court

The U.S. Securities and Exchange Commission (SEC) has filed an appeal against Ripple Labs after a federal judge ruled that Ripple did not violate securities laws in selling XRP to retail customers.

This appeal is now in the hands of the Second Circuit Court of Appeals. The SEC contends that the judge's decision contradicts established Supreme Court precedents and existing securities laws.

Implications of the Legal Battle

This legal battle has significant implications for the broader cryptocurrency landscape. The SEC's continuous pursuit of Ripple sends ripples—pun intended—through the industry.

The crypto community watches closely as the legal proceedings unfold, as the outcome could set a precedent for future regulatory actions.

Looking forward, several factors could influence the ongoing legal battles the SEC has launched against the crypto space. With the U.S. presidential election some four weeks away, potential changes could affect the SEC.

There's growing concern that litigation against the crypto industry drives innovation out of the United States. Whether realistic or not, the only hope is that a Gary Gensler resignation or removal could bring someone more crypto-friendly to the commission.

Political Landscape and Potential Changes

In that context, James Murphy, also known as MetaLawMan, agreed with the assertion that the situation could change if Gensler, the current SEC Chair, moves away from the commission.

A new head of the SEC might prioritize settling existing cases rather than pursuing aggressive action against the industry.

"There's a greater than 50% chance that we could see changes that alter the course of these cases," said James Murphy.

Legislative Moves and Industry Concerns

Legislation could also provide more apparent jurisdiction over cryptocurrency matters. Such legislative efforts highlight the impracticality of judges deciding these matters without clear guidelines from Congress.

The ongoing litigation is a legal tussle and a driver of innovation out of the United States, a concern echoed by many in the industry.

Influential Voices and Speculation

Influential figures like Mark Cuban and Anthony Scaramucci have suggested that changes in the regulatory landscape might be imminent.

However, James Murphy remains skeptical, noting the administration's ability to request Gary Gensler's resignation. Despite the proximity to the election, such requests have yet to be made, adding a layer of complexity and uncertainty to the ongoing saga.

The Ripple case and the SEC's subsequent appeal highlight the ongoing tensions between regulatory bodies and the cryptocurrency industry.

With potential changes in leadership and legislative efforts, the next few months could prove pivotal for the future of digital assets in the United States.

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