Ripple CLO Spotlights 4 Takeaways from Testimony Against SEC

Ripple CLO Stuart Alderoty has weighed in on a testimony before the U.S. House Financial Services Committee on September 18, 2024, by Lee Reiners. The lecturer at Duke University, critiqued the crypto industry and supported the U.S. Securities and Exchange Commission’s (SEC) enforcement actions but also acknowledged the agency’s limitations. Alderoty weaponized these statements against the SEC.

Ripple CLO Offers Key Takeaways From Reiners’ Testimony

Alderoty, responding to the testimony, wrote on X (formerly Twitter), that while Reiners was a “pro-SEC/anti-crypto witness,” his testimony still underscored some of the SEC’s shortcomings. The Ripple CLO, hence, highlighted four major takeaways from Reiners’ statements.
First, Reiners called attention to a significant regulatory gap in the crypto spot market. While the SEC regulates securities and the Commodity Futures Trading Commission (CFTC) oversees derivatives, neither body currently regulates crypto spot markets.

“Congress needs to step in and close this gap,” Reiners urged. He also emphasized that exchanges need to be held accountable under federal law. Alderoty seized on this point, agreeing that only Congress can close the gap, echoing long-standing concerns within the crypto industry about the lack of clear spot market regulation.

Second, Reiners’ testimony touched on the ongoing debate surrounding decentralization, particularly in relation to securities laws. Alderoty noted that the law professor acknowledged the limits of decentralization as a regulatory tool. Reiners referenced a “mystical decentralization threshold,” a point also criticized by the crypto community.

Prof. @leereiners testified before Congress recently, and while there’s much to critique, even this pro-SEC/anti-crypto witness acknowledged the SEC’s loss in the Ripple case, as well as:
1. A regulatory gap in the crypto spot market that only Congress can close.
2. Securities…

— Stuart Alderoty (@s_alderoty) September 20, 2024

According to the Ripple CLO, this was a nod to former SEC Director William Hinman’s controversial 2018 speech. This suggested that some digital assets could evolve from securities to non-securities through decentralization.

Third, Alderoty drew attention to Reiners’ remarks about the Howey Test. Reiners affirmed that the object of an investment contract, such as “orange groves” in the original Howey case, is not itself a security. Moreover, the investment must be “packaged with a management contract” to meet the criteria of a security.

This detail, Alderoty noted, played an essential role in Ripple’s legal battle with the SEC. The blockchain payments firm has consistently argued that its token, XRP, should not be classified as a security simply because it was sold as part of an investment scheme.

The Final Argument

Finally, Alderoty highlighted a telling comment from Reiners’ testimony: “SEC chairs come and go.” This remark underscored the transient nature of regulatory leadership and suggested that the current regulatory environment could shift under new leadership. The comment seemed to resonate with Alderoty, whose company has faced legal challenges under SEC Chair Gary Gensler’s administration.

Also, if Donald Trump wins the election, Gensler’s leadership could come to an end as he previously promised to fire the anti-crypto SEC Chairman. Meanwhile, the American watchdog has attracted further criticism for classifying crypto airdrops as securities.