SEC calls Ripple's proposed stablecoin an 'unregistered crypto asset'
In its May 7 redacted remedies reply brief, the regulator described the proposed stablecoin as an “unregistered crypto asset” and further evidence that the company will continue to engage in unregulated activities if there is no permanent injunction against it.
Ripple revealed plans to issue a stablecoin in April but has not provided additional details about the token since then.
SEC argues for a substantial fine
According to the SEC, Ripple’s primary business since its inception has been the unregistered institutional sales of XRP, and it will continue to do so if the injunction is not granted.
The regulator also disagreed with the company’s assurance that it would not violate US securities law because it has licenses in other jurisdictions.
“This argument – akin to saying a New York restaurant need not obtain a liquor license because it obtained a fishing license in California – is absurd,” it said.
The SEC also insisted that the Court impose a heavy penalty on Ripple to deter the company and other copycats. The regulator’s lawyer wrote:
“Given the nearly $1 billion Ripple gained violating Section 5, the multi-billion-dollar business it built selling XRP (accounting for the value of Ripple’s massive XRP holdings and its cash on hand), the ‘low’ penalty Ripple demands would be a ‘slap on the wrist’ that neither punishes nor deters.”
The SEC seeks almost $2 billion in fines from Ripple. However, the crypto firm contends that the Court should reject this demand, proposing a civil penalty not exceeding $10 million.
Ripple’s response
Ripple chief legal officer Stuart Alderoty has criticized the SEC’s filing as baseless, saying it was another example of the regulator’s failure to apply the law.
Alderoty also noted the SEC’s disregard for crypto frameworks in other jurisdictions. He said:
“And just when you think the SEC can’t sink any lower, if you are a financial regulator outside the US and have done the hard work of establishing comprehensive crypto licensing frameworks, know that the SEC has no respect for you and thinks you are handing out the equivalent of fishing licenses.”
