Pro-XRP Lawyer Says SEC’s Logic was ‘Fundamentally Wrong’

John Deaton, Managing Partner at Deaton Law Firm and a Senate candidate for Massachusetts, has been a vocal critic of the U.S. Securities and Exchange Commission (SEC). His advocacy for cryptocurrency users is explained by his involvement in a legal brief filed against the SEC in 2021 regarding the classification of XRP, a digital asset associated with Ripple Labs.

Flaws in the SEC’s Logic

In an interview with David Lin, Deaton explained the essence of his legal arguments, which challenge the SEC’s stance that XRP should be considered a security. He said that this marked a historic precedent, as the SEC claimed that the underlying asset itself—XRP—was a security, rather than just the investment contracts that could be derived from it. Deaton stressed that traditionally, assets like Bitcoin, gold, and even real estate could be marketed as securities, but the assets themselves do not inherently possess that classification.

“The SEC’s position was unprecedented,” he stated. “They argued that even if someone purchased XRP on an exchange without knowing who Brad Garlinghouse or Ripple were, it could still be classified as a security. This logic is fundamentally flawed, as it ignores the nature of the asset itself.”

Collective Action from XRP Token Holders

Deaton’s legal actions began with a lawsuit against the SEC, which he filed alongside other plaintiffs. He sought to intervene in the case, and his motion was supported by 5,000 XRP token holders. The landmark decision by Judge Torres, which referenced Deaton’s brief and his involvement in the prior library case, ultimately ruled that XRP itself is not a security.

Talking about his motivations, Deaton revealed, “At the time, most of my assets were in Bitcoin. My involvement in this case was pro bono because I was outraged by what I saw as government overreach and misconduct by certain individuals at the SEC.”

Deaton also expressed concern over Massachusetts Senator Elizabeth Warren’s recent anti-crypto stance, particularly her call for a Federal Reserve Central Bank Digital Currency (CBDC). He said, “It baffled me that Senator Warren would focus on crypto amidst so many pressing issues. I realized she had ambitions for a CBDC, which is alarming.”