Ripple Lawsuit: ETH Could Be Next!

Ripple is being sued by the SEC, which could be bad news for HIVE Blockchain Technologies (TSXV:HIVE).

| More on:

This week is a pivotal moment for cryptocurrency. Ripple Labs is being sued by the U.S. Securities and Exchange Commission (SEC), which has accused it of selling unregistered securities. Ripple is the organization that develops XRP (CRYPTO: XRP), one of the world’s most popular cryptocurrencies. The SEC is accusing Ripple of having conducted a $1.3 billion securities offering by selling XRP to the public. The lawsuit is seeking that Ripple return all the money it raised, plus interest. If the SEC wins, it will establish a landmark precedent, and the implications reach far beyond Ripple itself. In this article, I will explore how the Ripple lawsuit could have wide-ranging implications for other crypto projects — notably Ethereum (CRYPTO: ETH).

How the lawsuit could affect other cryptos

In itself, the SEC vs. Ripple lawsuit won’t affect the cryptocurrency market. The lawsuit is against Ripple Labs, not private holders of Ripple. Therefore, it needn’t necessarily affect the price and supply of XRP or any other cryptocurrency. However, if the lawsuit were to succeed, it would have wide-ranging implications for any organization that raises money by issuing and selling cryptocurrency. If XRP is classified as a security, then the same label applies to pretty much any crypto. So, organizations that are responsible for issuing and selling cryptocurrency will be responsible for following securities law.

This isn’t a problem for Bitcoin, whose creator’s identity is unknown. It is, however, a problem for Ethereum. Ether has a well-known organization behind it. Its founders’ identities are all known, and they participated in the token sale that got ETH out to the market. If the SEC lawsuit against Ripple succeeds, then Ethereum.org might also be sued. ETH will also be subject to securities law from that point forward. That will make it a lot harder for organizations to issue and sell crypto, as the process will involve lawyers, investment bankers, and other such highly paid professionals.

A loss by Ripple could also have negative consequences for companies like HIVE Blockchain Technologies (TSXV:HIVE)(NASDAQ:HVBT). HIVE makes money by mining and selling cryptocurrency. It does not invent new cryptocurrencies out of thin air, but it does bring new tokens into existence. Is mining a form of securities issuance? The SEC’s lawsuit does not speak to that, but it seems like an angle that the SEC could possibly take in the future. If it wins in its lawsuit against Ripple, perhaps the SEC will be emboldened to go after miners and have them classed as securities issuers as well.

Will the SEC win?

The million-dollar question in all of this is whether the SEC will actually win. You’d need to talk to a lawyer about how the trial is going, but most media coverage of the suit seems to be implying that Ripple Labs is prevailing so far. It isn’t controversial to say that efforts to have cryptocurrencies regulated as securities have so far failed. In November, a Connecticut jury decided that cryptocurrencies were not securities and that developers/miners were not issuers. Based on that precedent, it looks like Ripple is in the clear. But only time will tell how things will play out.

Fool contributor Andrew Button has no position in any of the stocks mentioned. The Motley Fool owns and recommends Bitcoin and Ethereum.

More on Investing

AI investing could have upward trajectory
Stocks for Beginners

AI’s Biggest Bottleneck Isn’t Chips: These TSX Stocks Could Power the Next Boom

AI chips are impressive, but the real investing opportunity may be the power and fuel infrastructure needed to run data…

Read more »

slow sloth in Costa Rica
Investing

5N Plus Stock: The Sleeper Materials Company That Gained 1,357%

With solid financial performance, compelling growth prospects, and a more attractive valuation, 5N Plus could be a compelling long-term investment…

Read more »

arrows hit bullseye on target
Dividend Stocks

Buy the Dip: This Dividend Giant Might Be Oversold

This company has increased its dividend in each of the past 26 years.

Read more »

Dividend Stocks

Why This Unglamorous Stock Has Paid Investors for Decades

Canada’s first Dividend Knight that has paid investors for decades is anything but unglamorous.

Read more »

worry concern
Retirement

Wealthy Investors Love Private Credit: Should it Be Anywhere Near Your RRSP?

Private credit looks calm and high-yield, but the extra return often reflects real credit risk and limited liquidity, which can…

Read more »

Oil industry worker works in oilfield
Energy Stocks

Oil & Gas Stocks Are Back on the TSX30 After a Year on the Sidelines

Oil and gas stocks have returned to the TSX30. Here’s what drove Tenaz Energy and Valeura Energy higher and what…

Read more »

doctor uses telehealth
Dividend Stocks

Vital Infrastructure Is a Savvy TFSA Stock Paying 7% and the Price is Right

Vital Infrastructure Property is a defensive TFSA stock that gives investors high-yield income and predictable returns.

Read more »

ETFs can contain investments such as stocks
Dividend Stocks

No Time for Stock Research? This 1 ETF Does the Work for You

The iShares S&P/TSX Capped Composite Index Fund (TSX:XIC) eliminates the need for stock picking.

Read more »