|

Ripple CLO says SEC needs to stop deceiving judges, slams use of term ‘crypto asset securities’

  • Ripple Chief Legal Officer condemns the SEC’s use of the term ‘crypto asset securities.’
  • SEC refers to crypto assets as securities in its litigation against the bankrupt FTX exchange and in Ripple’s lawsuit. 
  • Ripple executive says the term is fabricated, the regulator allegedly deceives judges, and has no ‘legal basis.’

Ripple’s Chief Legal Officer (CLO), Stuart Alderoty, reacted to the US Securities & Exchange Commission’s (SEC) use of the term ‘crypto asset securities’ in lawsuits against cryptocurrency exchanges and firms. 

Legal experts and executives at different crypto projects sided with Alderoty. While the US financial regulator alleges cryptocurrencies are digital asset securities, per information on the official website of the Commodity Futures Trading Commission (CFTC), virtual currencies such as Bitcoin have been determined as commodities under the Commodity Exchange Act (CEA).

SEC says cryptocurrencies are crypto asset securities, what this means

SEC refers to crypto as “crypto asset securities” in the lawsuit against Ripple, the litigation against the bankrupt FTX exchange, and other firms. Ripple’s CLO shared his thoughts on the term and the regulator’s actions. 

Alderoty said the SEC is using the term that has no legal basis to “deceive judges.” In the SEC vs. Ripple lawsuit, Judge Analisa Torres ruled that XRP, the native token of the XRP Ledger, is not a security in secondary market transactions. This means XRP gained legal clarity and is not considered a security in transactions on cryptocurrency exchanges. 

The decision from July 2023 was upheld in the final ruling, and XRP has legal clarity, unlike other altcoins. In its litigation against other crypto firms, the SEC continues its usage of the term ‘crypto asset securities.”

Katherine Minarik, CLO at Uniswap Labs discussed the SEC’s use of the term in its lawsuit against crypto exchange Kraken. 

Zach Rosenberg, Legal Counsel at Ethena Labs, commented on the SEC’s use of the term for cryptocurrencies in the charges that the regulator settled against former investment adviser Galois Capita.

The CFTC considers virtual currencies like Bitcoin and Ethereum a commodity. The crypto community awaits legal clarity on digital assets, while the SEC regulates the industry through enforcement, and crypto exchange platforms and trading firms face litigation. 

Author

Ekta Mourya

Ekta Mourya

FXStreet

Ekta Mourya has extensive experience in fundamental and on-chain analysis, particularly focused on impact of macroeconomics and central bank policies on cryptocurrencies.

More from Ekta Mourya
Share:

Editor's Picks

Starknet unveils strkBTC, shielded Bitcoin transactions on Ethereum Layer 2

Starknet, the Ethereum Layer 2 network developed by StarkWare, today announced strkBTC, a wrapped Bitcoin asset that introduces optional shielding while preserving full DeFi composability.

Bitcoin, Ethereum, and Ripple consolidate with short-term cautious bullish bias

Bitcoin, Ethereum and Ripple are consolidating near key technical areas on Friday, showing mild signs of stabilization after recent volatility. BTC holds above $67,000 despite mild losses so far this week, while ETH hovers around $2,000 after a rejection near its upper consolidation boundary.

Ethereum Price Forecast: FG Nexus continues distribution amid signs of returning risk-on sentiment

FG Nexus, once dubbed an Ethereum treasury firm, resumed offloading the top altcoin on Wednesday, distributing 7,550 ETH, according to data from smart money tracker EmberCN.

Top Crypto Gainers: Stable and Decred rally, Pippin approaches record highs

Altcoins, such as Stable, Decred, and Pippin, are extending gains so far this week, defying the risk-averse conditions in the broader cryptocurrency market. Stable and Pippin are near record high levels, while Decred extends its breakout rally above $30.

Bitcoin Price Annual Forecast: BTC holds long-term bullish structure heading into 2026

Bitcoin (BTC) is wrapping up 2025 as one of its most eventful years, defined by unprecedented institutional participation, major regulatory developments, and extreme price volatility.

Bitcoin: Another month of losses, and it’s been five

Bitcoin (BTC) price is stabilizing around $68,000 at the time of writing on Friday, but the Crypto King is poised to close February on a fragile footing, marking its fifth consecutive month of losses since October and a rare start to the year with back-to-back monthly corrections.