In a recent revelation that has sent shockwaves through the cryptocurrency community, newly disclosed documents from William Hinman, former Director of the Division of Corporation Finance at the U.S. Securities and Exchange Commission (SEC), confirm that Bitcoin and Ether are not securities. This landmark decision could have far-reaching implications, particularly for Ripple Labs and its native cryptocurrency, XRP.
Bitcoin And Ethereum Are Not Securities
Recently released documents pertaining to William Hinman, who served as the director of the Division of Corporation Finance at the U.S. Securities and Exchange Commission (SEC) from 2017 to 2020, have emerged in relation to the ongoing SEC lawsuit against Ripple Labs.
These documents reveal the feedback from the Trading and Markets Department on a draft of Hinman’s 2018 speech, where he expressed his personal view that bitcoin (BTC) and ether (ETH) did not qualify as securities.
In an email sent to several SEC employees before delivering the speech, Hinman stated that the speech implies,
“we do not see a necessity to classify Ether, in its current form, as a security.”
The Trading and Markets Department supported Hinman’s speech, which addressed public queries about the SEC’s stance on cryptocurrencies. However, they cautioned that a firm view on bitcoin might affect the SEC’s approach to other cryptocurrencies classified as securities. They also suggested further discussion if Hinman planned to definitively state that ether is not a security.
But what does this mean for Ripple Labs and XRP? The answer lies in the ongoing legal battle between Ripple Labs and the SEC. The SEC has alleged that Ripple Labs conducted an unregistered securities offering by selling XRP. Ripple Labs has vehemently denied these allegations, arguing that XRP, like Bitcoin and Ether, is not a security but a cryptocurrency.
The Hinman documents could provide a significant boost to Ripple Labs’ defense. If Bitcoin and Ether are not securities, Ripple Labs could argue that XRP, which shares many similarities with these cryptocurrencies, should also not be classified as a security. This could potentially lead to a victory for Ripple Labs in its legal battle with the SEC.
Potential Impact On Crypto Classification
Ripple Labs has consistently referenced this statement during the ongoing lawsuit. They contend that Hinman’s comments, especially those concerning the status of ETH, contradict the SEC’s assertion that XRP is a security.
Ripple has been pursuing these documents since the end of 2021. Brad Garlinghouse, the CEO of Ripple and a principal defendant in the lawsuit, expressed optimism prior to the document release, asserting that the anticipation would pay off.
The disclosure of the Hinman documents could potentially spark a substantial discussion regarding the categorization of cryptocurrencies as securities, particularly amidst the current trials faced by the industry. Notably, the SEC has recently initiated legal actions against cryptocurrency exchanges Coinbase and Binance, alleging them of dealing in unregistered securities.
Source: https://coinpedia.org/news/unveiled-hinman-documents-confirm-bitcoin-and-ether-not-securities-a-potential-boost-for-xrp-price-and-ripple-labs/