SEC May Appeal Against XRP Win as Gensler Expresses Disappointment in Court Decision

SEC Chairman Gensler addresses the implications of the Ripple case ruling regarding XRP, expresses disappointment, and hints at potential actions.

During a recent National Press Club Headliners Luncheon, Gary Gensler, the US Securities and Exchange Commission (SEC) Chairman, addressed the implications of the recent federal court ruling in the Ripple case, shedding light on the SEC’s stance and potential actions.

In response to a question about the impact of the court ruling on digital asset regulation and the need for federal legislation, Gensler stressed the SEC’s mission of investor protection and capital formation.

While pleased with certain aspects of the decision regarding institutional investors and fair notice, the chairman noted the regulator’s disappointment regarding retail investors. Gensler further stated that the SEC is assessing the decision for further action.

Gary Gensler sends STRONG message to $XRP hodlers ? pic.twitter.com/CbnbzdsE7p

— Altcoin Daily (@AltcoinDailyio) July 17, 2023

Gensler shared his perspective when asked about the agency’s next steps in crypto enforcement. He reflected on his involvement at MIT in 2018, where he explored the intersection of finance and technology. 

He stressed the transformative potential of artificial intelligence, contrasting it with the focus on digital currencies and crypto among the press and retail investing public. Chairman Gensler then reiterated that the SEC’s role is to protect markets and investors, ensuring compliance with existing laws enacted by Congress.

Gensler Clarifies Regulation by Enforcement 

When questioned about the SEC’s preference for regulation by enforcement rather than regulation by rule-making, Chairman Gensler explained that the agency utilizes a range of approaches and tools provided by Congress. 

According to Gensler, rules are already in place for securities offerings to the public, such as proper disclosure requirements. He said the SEC has engaged in rule-making activities regarding special purpose broker-dealers and sought public input on exchanges, safeguarding custody, and best execution. 

He also noted that enforcement actions exceeding 700 annually serve as a means to protect the market and the investing public, echoing the power conferred by Congress. However, most industry players have continued to criticize this approach.

Gensler’s View on Bitcoin ETF

Addressing a question about the potential for a spot Bitcoin ETF, Gensler acknowledged the query but emphasized that he cannot provide a definitive answer as the chair of a regulatory agency. He mentioned ongoing litigation and the need to evaluate various applications without prejudgment.

As The Crypto Basic reported recently, former SEC chairman Jay Clayton argued that it would be challenging for the US regulator not to honor Bitcoin ETF applications.