Ripple general counsel calls BlockFi bankruptcy another success for SEC’s ‘regulation by enforcement’ approach

1 year ago

Ripple wide counsel Stuart Alderoty described BlockFi’s bankruptcy arsenic different occurrence for the U.S. SEC and its regulation-by-enforcement approach.

Another SEC “regulation by enforcement” occurrence story.

Months aft $100M BlockFi/SEC woody BlockFi successful b/cy. $275M indebtedness outstanding to FTX from BlockFi. Unknown amounts owed to BlockFi from FTX. Nothing ever registered. Fines paid? With whose money? Consumers decimated. https://t.co/XWflfRDIMk

— Stuart Alderoty (@s_alderoty) November 28, 2022

Alderoty referenced the SEC’s $100 cardinal settlement with BlockFi, asking whose wealth was utilized to wage the settlement. The Ripple lawyer noted that thing was ever “registered” successful the deal, wondering if  BlockFi made the archetypal 2 payments to the regulator.

Nothing was ever “registered” per the BlockFi/SEC deal. What astir the archetypal 2 payments connected the $100M fine? If they were made, did the SEC corroborate BlockFi’s quality to wage and/or the root of funds? FTX b/cy shows a $250M indebtedness to BlockFi and present lawsuit funds are blocked.

— Stuart Alderoty (@s_alderoty) November 27, 2022

Alderoty besides questioned whether the SEC confirmed the crypto lender’s “ability to wage and/or the root of funds” if BlockFi made the payments.

In February, BlockFI agreed to wage the US SEC a $100 cardinal good for its nonaccomplishment to registry its lending merchandise with the regulator. The SEC’s apical officials repeatedly highlighted however this enforcement enactment was a large triumph for the commission.

In July, BlockFi received a $400 cardinal enactment of recognition from FTX. The Sam Bankman-Fried-led speech would aboriginal record for bankruptcy, forcing the crypto lender to halt withdrawals for its customers.

Ripple CTO alleges SEC good made BlockFi financially weak

Ripple CTO David Schwartz said BlockFi mightiness person gotten a indebtedness from FTX to wage disconnected the SEC’s settlement. He added that this mightiness person forced the lender to store its assets connected FTX successful bid to proceed operating.

“In different words, the SEC whitethorn person made BlockFi truthful anemic financially that it had nary prime but to store crypto astatine FTX to proceed operating, perchance the origin of their collapse.”

SEC among BlockFi’s largest creditors

Meanwhile, Nov. 28 tribunal filings person shown the SEC listed among BlockFi’s creditors. According to the tribunal document, the steadfast owes the fiscal regulator $30 million.

The bankruptcy filing showed that the lender has implicit 100,000 creditors, owing implicit $1 cardinal to its apical 3 creditors.

Its largest creditor is Ankura Trust Company, which is owed much than $729 million. Its second-largest creditor is FTX-related West Realm Shires Inc. which is owed $275 million. An unnamed lawsuit is owed $48 million.

The station Ripple wide counsel calls BlockFi bankruptcy different occurrence for SEC’s ‘regulation by enforcement’ approach appeared archetypal connected CryptoSlate.

View source