ស្នងការ SEC និយាយថាសហការីរបស់នាងបានធ្វើ "ការវិភាគខ្លីៗ" នៃ XRP

Hester Peirce admitted that her colleagues focused on XRP instead of the conditions surrounding the token’s sales.

In a recent tweet, XRP-Pro attorney John Deaton knocked the SEC for arguing that XRP represents both the common enterprise and the expectation of profit prongs of the Howey Test. Deaton expressed surprise that the SEC could reach such a conclusion despite not evaluating each transaction individually.

“The SEC doesn’t go transaction by transaction and argues that #XRP embodies or represents both the common enterprise and expectation of profits prongs of the Howey test,” បាននិយាយថា Deaton ។

The founder of Crypto Law backed his comment by saying that even SEC Commissioner Hester Peirce, sometimes called Crypto Mom, admitted that her colleagues made a wrong call in evaluating XRP as a security.

According to Deaton, the SEC commissioner acknowledged that her colleagues at the SEC performed a shorthand analysis of XRP, which led them to focus on the token itself instead of the conditions surrounding the token sales.

@ ហ៊ីលភីរសៀ បាន​ទទួល​ស្គាល់​ថា សហការី​របស់​នាង​នៅ​ឯ @SECGov ធ្វើការវិភាគ "ខ្លីៗ" ហើយផ្តោតលើនិមិត្តសញ្ញាខ្លួនវាជំនួសឱ្យកាលៈទេសៈជុំវិញការផ្តល់ជូន និងការលក់និមិត្តសញ្ញា (ឧទាហរណ៍ "កិច្ចសន្យា ប្រតិបត្តិការ ឬគ្រោងការណ៍")។

- John E Deaton (@ JohnEDeaton1) ខែកុម្ភៈ 3, 2023

Deaton further referenced a paper by Lewis Cohen, which evaluates all securities cases in the US since the Howy lawsuit. Based on Lewis’ article, Deaton said, “no federal appellate court has ever ruled that the underlying asset is a security.”

- ការផ្សព្វផ្សាយ -

“Lewis’ article shows that no federal appellate court has ever held that the underlying asset subject to an investment contract transaction is itself an investment contract,” ដេតថុន បានកត់សម្គាល់.

Peirce and Grundfest Slam the SEC

Meanwhile, Peirce is known for constantly pushing for favorable regulations for the crypto space, even if it means calling out the SEC. Last year, Crypto Mom រិះគន់ the Securities and Exchange Commission for failing to provide clearer regulations for crypto despite several pleas.

It is noteworthy that Peirce is not the only SEC Commissioner that has condemned the agency’s focus on the underlying asset instead of the circumstances surrounding the sale of the token.

In October, former SEC Commissioner Joseph Grundfest រំ.ក the SEC that the Supreme Court never ruled that the orange was the security in the Howey case. According to Grundfest, the court ruled that the “complete package” of Howey was security.

“The Supreme Court at no point held, and this is really important, that orange was security. It was the package that was the security,” Grundfest quoted saying.

- ការផ្សព្វផ្សាយ -