The Securities and Exchange Commission (SEC) may be reconsidering its legal battle against Ripple Labs, according to former Commodity Futures Trading Commission (CFTC) Chairman Chris Giancarlo. Speaking on Fox Business, Giancarlo suggested that the agency might abandon its appeal following a series of courtroom losses.
“I think they should… I bet they would,” he said when asked if the SEC might drop the case. Giancarlo emphasized the importance of regulatory agencies rethinking cases they’ve lost, signaling that this could be the right moment for the SEC to shift course.
A Landmark Legal Battle
The SEC’s lawsuit against Ripple, filed in December 2020, has been one of the most closely watched cases in the crypto industry. The agency alleged that Ripple’s XRP token was sold as an unregistered security, sparking a legal debate about how digital assets should be classified.
In July 2023, Ripple scored a major victory when a federal judge ruled that XRP is not inherently a security, particularly in secondary market transactions. However, Ripple was fined $125 million for certain improper sales of XRP tokens. Both Ripple and the SEC have since filed cross-appeals, leaving the case unresolved.
RELATED: Ripple’s Latest XRP Moves Raise Questions Amid SEC Lawsuit
Ripple’s CEO Speaks Out
Ripple’s CEO, Brad Garlinghouse, has been vocal about the challenges his company has faced due to the lawsuit. He criticized the Biden administration for what he described as a “hostile” approach to the crypto industry, calling it an “unlawful war” that has hurt Ripple’s operations in the U.S. Garlinghouse expressed hope that under Trump’s administration, clearer and more supportive regulations could help the U.S. reclaim its position as a global leader in digital assets.
A New Era for Crypto Regulation?
Trump’s re-election has sparked optimism in the crypto community. Reports suggest that Paul Atkins, a former SEC commissioner known for his pro-innovation stance, is a leading candidate to replace SEC Chair Gary Gensler. Atkins is widely regarded as someone who understands both the intricacies of blockchain technology and the SEC’s regulatory framework, making him a potentially transformative figure for the industry.
The case against Ripple has become symbolic of broader frustrations with the SEC’s approach under Gensler, which critics have described as “regulation by enforcement.” This strategy, they argue, has stifled innovation and driven crypto businesses out of the U.S.
Looking Ahead
As the SEC faces mounting legal setbacks, Giancarlo’s comments highlight a growing sentiment: it might be time to let the Ripple case go. Such a move could signal a more collaborative and forward-thinking regulatory environment, especially if Trump’s administration brings in leadership that prioritizes innovation and clear guidelines.
The coming months will be pivotal. Whether the SEC continues to pursue its appeal or pivots to a new strategy could shape not just the outcome for Ripple, but the future of crypto regulation in the United States.
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