Get the scoop on finance - sign up for mobile alerts
Ripple and XRP
| On
April 11, 2022

SEC Official Had Conflict of Interest in Ripple and XRP Lawsuit, According to Anti-Corruption Watchdog

By Daily Hodl Staff

An anti-corruption watchdog tracking the U.S. Securities and Exchange Commission’s (SEC) legal battle with Ripple says there is evidence that a key SEC official knowingly had a conflict of interest during the initiation of the lawsuit.

The SEC sued Ripple in December of 2020 on allegations that XRP was issued as an unregistered security.

ADVERTISEMENT

In a press release, non-profit Empower Oversight says it received over 200 email records via a Freedom of Information Act request that shed light on a conflict of interest within the SEC, specifically regarding William Hinman, former Director of the SEC’s Division of Corporate Finance.

According to the organization’s interpretation of the emails, SEC officials had warned Hinman about a conflict of interest because of his ties to Simpson Thacher.

Simpson Thacher is a law firm that promoted Ethereum (ETH) through an organization called Enterprise Ethereum Alliance and became Hinman’s employer following the filing of the lawsuit.

“SEC Ethics office cautioned former SEC official William Hinman that he had a direct financial interest in Simpson Thacher, and thus, he must recuse himself from any matters that would affect the firm. Additionally, the Ethics office explicitly told Hinman, per the documents, to not be in any contact with Simpson Thacher for any reason. However, Hinman met with Josh Bonnie, a partner at Simpson Thacher, at least three times after that warning.

ADVERTISEMENT

Hinman also met with the co-founders and investors in Ethereum ahead of a market-moving speech he gave in 2018 declaring the digital asset Ether to not be a security, despite Simpson Thacher’s participation in the Enterprise Ethereum Alliance, which is dedicated to promoting the commercial use of Ethereum. This raises questions as to whether Hinman fully disclosed Simpson Thacher’s role in Ethereum from SEC Ethics officials and whether they would have approved the meetings or his speech if he had.”

One of the emails found in the documents reads,

“But Bill [Hinman], it occurs to us that you have a full financial conflict with your old firm, not just an impartiality one. Hence, you should not be having any meetings with your old firm. even group meetings.”

Empower Oversight filed a lawsuit against the SEC in December of 2021, alleging a conflict of interest stemming from Hinman’s involvement with Simpson Thacher and the Enterprise Ethereum Alliance. The suit says that Marc Berger, leader of the SEC Enforcement Division and main initiator of the lawsuit against Ripple Labs, also left the SEC for Simpson Thacher.

Don't Miss a Beat – Subscribe to get email alerts delivered directly to your inbox
Check Price Action
Follow us on X, Facebook and Telegram
Surf The Daily Hodl Mix
&nbsp
Disclaimer: Opinions expressed at The Daily Hodl are not investment advice. Investors should do their due diligence before making any high-risk investments in Bitcoin, cryptocurrency or digital assets. Please be advised that your transfers and trades are at your own risk, and any losses you may incur are your responsibility. The Daily Hodl does not recommend the buying or selling of any cryptocurrencies or digital assets, nor is The Daily Hodl an investment advisor. Please note that The Daily Hodl participates in affiliate marketing.

Featured Image: Shutterstock/Ociacia/Tun_Thanakorn

ADVERTISEMENT