management

• Investigation into SEC Chair Gensler’s hiring practices raises concerns of political bias, potentially affecting the agency’s objectivity and scrutiny of its decisions, particularly in the crypto sector.
• This inquiry may benefit Ripple and XRP as it questions Gensler’s impartiality following the recent legal battle.

U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler is under investigation by top lawmakers, raising questions about the regulatory body’s impartiality. Representatives Jim Jordan, Patrick McHenry, and James Comer are leading the investigation, which focuses on Gensler’s hiring practices.

The probe specifically alleges that political favoritism influenced key personnel decisions in the hiring process. This scrutiny could have positive implications for Ripple and XRP as the legal battle between the blockchain firm and the SEC ended last month.

How Probe Against Gary Gensler Could Affect Ripple & XRP

An email obtained through a Freedom of Information Act (FOIA) request by Virtu Financial sparked the recent inquiry. The email revealed that Dr. Haoxiang Zhu, now the SEC’s Director of Trading and Markets, had marketed himself as being “in the right place on the political spectrum” prior to his hiring by the SEC in November 2021. 

Fox Business Journalist Eleanor Terrett shared the development on social media, highlighting how this detail became the basis of the investigation into Gensler’s conduct. The timing of Zhu’s hiring has raised concerns about the SEC’s regulatory objectivity under Gensler. Thus, the SEC Chairman has attracted significant heat from the crypto community. On the other hand, there have also been concerns that he could be the next Treasury Secretary if Kamala Harris wins the upcoming Presidential Elections in 2024, reported CNF. 

This investigation is pivotal, as the legal battle between Ripple and SEC concluded last month on August 8. Though the blockchain payments firm got a fine of $125 million, netizens deemed it a partial victory. This notion is because the penalty is 94% lower than what the agency demanded.

Hence, the inquiry into Gensler’s hiring practices could provide Ripple with a new advantage with lawmakers involved sharing their criticism of the SEC’s regulatory approach under Gensler. One of the lawmakers heading the investigation, Patrick McHenry, has previously voiced concerns about the SEC’s transparency.

In light of this new inquiry, the possibility of political favoritism within the SEC could weaken Gensler’s leadership and influence the agency’s decisions, including those regarding Ripple. If Gensler’s leadership is questioned, particularly regarding his impartiality, it may force the SEC to reconsider its aggressive enforcement tactics against the company. This means the possibility of an appeal could be lower as the deadline inches closer, per the CNF report. 

Criticism & Broader Implications

Virtu Financial, which is fighting its own legal dispute with the SEC, has been vocal about the investigation. In a statement obtained by Terrett, Douglas Cifu, CEO of Virtu Financial, stated:

Sadly, this isn’t surprising. I’ve repeatedly said that Gensler’s agenda is more motivated by politics than by a genuine desire to improve markets – and the results of our FOIA litigation uncovered just that.

Meanwhile, it’s also important to note that if the SEC’s misconduct under Gensler is proven, other companies like Coinbase and Binance could also reap benefits alongside Ripple. On the other hand, Gensler has to answer the allegations officially. According to Terrett, a spokeswoman for the agency said, “Chair Gensler will respond to Members of Congress directly.”

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