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SEC vs. XRP: Layton Seeks Access to Hinman Speech Documents

Rosalyn Layton's motion to intervene in the SEC vs. XRP case highlights the demand for transparency in the crypto industry, focusing on Hinman's Speech Documents and their impact on regulatory practices.
Published on 2023-02-16

Layton's Intervention in SEC vs. XRP Case

Rosalyn Layton, Senior Vice President of Strand Consult, has filed a motion to intervene in the ongoing SEC vs. XRP case. Her primary goal is to gain access to documents related to a 2018 speech by William Hinman, the former SEC Director of Corporation Finance. The speech is significant as Hinman stated that Ethereum's native token, ETH, is not a security.

Importance of Hinman's Speech Documents

The SEC sealed Hinman’s Speech Documents in December 2022, citing their relevance to its summary judgment motion. Layton argues that the public and press have a fundamental right to access judicial documents, emphasizing that the release of these documents is crucial due to the case's high public interest. This case is seen as a pivotal moment for the crypto industry, with implications that extend beyond Ripple and its stakeholders.

Public Interest and Legal Implications

Layton asserts that the outcome of this case could shape the future of cryptocurrency regulation in the United States. It serves as a critical examination of the SEC's approach to "regulation by enforcement." She contends that the SEC's reasons for keeping the documents confidential are insufficient, and the documents should be disclosed to enhance transparency.

SEC's Stance and Broader Crypto Crackdown

Under Gary Gensler's leadership, the SEC has intensified its scrutiny of crypto firms, recently suing Paxos over issues related to BUSD. Despite criticism from the crypto community, Gensler maintains his actions are aimed at protecting investors. Meanwhile, Ripple CEO Brad Garlinghouse remains optimistic about a resolution to the SEC vs. XRP case within the year.

This case continues to capture the attention of the crypto world, underscoring the need for clarity and transparency in regulatory practices.

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