Was The SEC In Bed With Ethereum? ETH Gate Explained (2024)

Was The SEC In Bed With Ethereum? ETH Gate Explained

Conspiracy theory or one of the biggest scandals in crypto? The term “ETH Gate” has been on the lips of every XRP supporter in recent months and, increasingly, the broader cryptocurrency community. At the heart of this issue is the US Securities and Exchange Commission’s (SEC) decision to classify Ethereum (ETH) as a non-security, contrasting sharply with its ongoing legal action against Ripple and the XRP token.
What is ETH Gate

“ETH Gate” refers to a theory alleging that the Ethereum Foundation and ConsenSys have fostered close relationships with key individuals within the US Securities and Exchange Commission (SEC) and other entities like JP Morgan, thereby ensuring a favorable regulatory environment for Ethereum.

One cornerstone of this theory are the Hinman emails which were released earlier this year. In these emails, Hinman, who made the landmark speech in 2018 declaring that Ethereum was not a security, interacted with Ethereum’s co-founder, Vitalik Buterin right before the speech. Hinman reportedly consulted Buterin to “understand the operational dynamics of Ethereum.”

Remarkably, Bill Hinman rejoined the law firm Simpson Thacher in 2020 after leaving the SEC. The significance? Simpson Thacher is associated with the Ethereum Enterprise Alliance. Therefore, the XRP army believes that Hinman’s decision to deliver a speech giving Ethereum a regulatory “free pass” may not have been impartial.

Speculations By XRP Army

John E Deaton, an outspoken figure in the XRP community and a keen observer of the SEC’s dealings, has painstakingly put forth allegations suggesting a deeper web of interlinked relationships that hint at possible conflicts of interest. (There are so many that it is not even possible to highlight them all in one article.) His assertions have become pivotal in the “ETH Gate” theory, and here we’ll delve deeper into these connections.

1. Joseph Lubin’s Strategic Moves: Joseph Lubin, co-founder of Ethereum and founder of ConsenSys, is at the core of Deaton’s claims. According to Deaton, within just two months of Jay Clayton’s appointment as the SEC Chairman, Lubin made a potentially strategic hire, bringing on board Patrick Berarducci from the law firm Sullivan & Cromwell. This move is seen by Deaton and many in the XRP community as more than coincidental.

Deaton has drawn attention to this connection in the past, positing that it might have provided Ethereum an inside track or at least a more favorable disposition from the SEC. Sullivan & Cromwell is also notable because Jay Clayton himself was a partner there before his stint as the SEC Chairman.

2. The Hinman-Lubin Email Exchange: Deaton frequently refers to the now-infamous email exchange between Bill Hinman and Joseph Lubin. For Deaton, this correspondence underscores a problematic level of proximity between a regulatory figure and a significant player in the crypto sphere.

The fact that Hinman reportedly emailed Lubin directly is seen by Deaton as a potential sign of collaboration or at least a peculiar level of familiarity. More so, given Hinman’s subsequent public remarks about Ethereum being a non-security, despite warnings against such pronouncements from the SEC’s Office of General Counsel.

3. Jay Clayton and One River Digital Asset Management: After his tenure at the SEC, Jay Clayton joined One River Digital Asset Management. Deaton emphasizes this move as a point of contention. One River is known for its large holdings of Bitcoin and Ethereum. Deaton hints at a potential conflict of interest, questioning if Clayton’s decisions during his time at the SEC may have been influenced by future career prospects or associations that favored Ethereum.

4. Simpson Thacher, Ethereum Enterprise Alliance, and Hinman: One of the most significant points of contention brought forth by Deaton involves Bill Hinman’s associations with the law firm Simpson Thacher. This firm played a role in the Ethereum Enterprise Alliance.

Deaton suggests that Hinman’s connection to Simpson Thacher and, by extension, the Ethereum Enterprise Alliance, could have influenced his decision to publicly declare Ethereum a non-security.

Similarly, an XRP community member known as Mr. Huber has been extremely vocal and is raising compelling questions: “ETH Gate is a conspiracy theory that the SEC tried to create a monopoly for Ethereum?” He goes on to argue that this is a concerted attempt by powerful Wall Street banks like JPMorgan to “control the global crypto market by bribing the SEC to gain a monopoly for Ethereum.”

Latest News On ETH Gate

Yesterday, John E Deaton indicated that new, potentially damning, information about ETH Gate might soon be disclosed. “I’ve always said that one day we will get the full truth. Today is one day closer,” Deaton tweeted in response to Steven Nerayoff’s lawyer, Michael Scotto, who indicated that Nerayoff is prepared to make his facts known “at a time and manner that serves the interests of justice and the people.”

Steven Nerayoff, an early adviser to Ethereum, had extortion charges against him dismissed in May this year. Deaton speculates that Nerayoff could be a significant source of insider information, possibly related to Ethereum’s regulatory free pass. “I have the map,” was Nerayoff unequivocal response to Deaton’s speculative tweets about the matter, as Bitcoinist reported today.

The “ETH Gate” controversy calls into question the impartiality of the SEC in its treatment of different cryptocurrencies. Although allegations remain unproven, the gathered evidence paints a picture of inconsistent regulatory approaches and potential conflicts of interest.

Whether these allegations hold any water remains to be seen, but they have certainly fueled a sense of urgency and scrutiny around the SEC’s policies. If the hints dropped by Steven Nerayoff and John E Deaton materialize into something substantive, ETH Gate could become a pivotal chapter in the annals of cryptocurrency regulation.

At press time, ETH traded at $1,635.

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Was The SEC In Bed With Ethereum? ETH Gate Explained (2024)

FAQs

What happens if the SEC says Ethereum is a security? ›

Ethereum is the second-largest blockchain by value ($414 billion at today's prices), and the home of most of the digital asset industry's most used tools — classifying ETH as a security would likely cause chaos. With a move this big, it is entirely unpredictable where the cards will ultimately fall.

How much will 1 Ethereum be worth in 2025? ›

Ethereum (ETH) Price Prediction 2024-2040
YearMinimum PriceAverage Price
2024$3,934.61$4,085.59
2025$5,714.43$5,877.41
2026$8,498.15$8,792.12
2027$12,056.79$12,408.76
8 more rows

What is the ETHGate? ›

1. What is #ETHGate? ETHGate is a conspiracy theory that Ethereum (CCC: ETH-USD) received a free pass from regulators. These critics reasonably claim that the Securities and Exchange Commission allowed Ethereum to move ahead while doling out harsher treatment to XRP (CCC: XRP-USD) and other rivals.

What caused Ethereum to rise? ›

The world's leading altcoin is soaring to highs not seen since 2021. What's causing the ethereum rally? Well, investor sentiment has increased since the Securities and Exchange Commission approved the first spot bitcoin exchange-traded funds earlier this year.

How does the SEC classify Ethereum? ›

The investigation appears to have gained traction following the completion of Ethereum's transition to a proof-of-stake model in September 2022. The SEC perceives this network change to resemble an investment contract, which potentially could qualify ether as a security under the agency's purview.

Is the SEC suing Ethereum? ›

The SEC is investigating Ethereum after its 2022 software upgrade drastically altered the way the network orders transactions.

What is the realistic Ethereum price prediction for 2030? ›

Ethereum (ETH) Price Prediction 2030

According to your price prediction input for Ethereum, the value of ETH may increase by +5% and reach $ 4,015.10 by 2030.

How high can Ethereum go in 5 years? ›

According to Cryptonewz, by the end of the current year 2024, ETH will touch $5,000. By the year 2025, Ethereum is expected to reach the maximum level of $6,500 with a minimum of $ 4,500 and an average of $5,500. And by the year 2030, it is expected that it may go up to a maximum of $20,500.

How much is $1000 in Ethereum 5 years ago? ›

Five years ago, $1000 worth of Ethereum, if left untouched, would be around $436,000 today, enough to sustain an annual living cost of $36000 for the next 12 years.

What are the ethereum allegations? ›

The allegations were brought forward by Steven Nerayoff , a former advisor to Ethereum. In his claims, Nerayoff accuses Ethereum's founders of engaging in fraud and collusion with corrupt U.S. government officials, specifically pointing out unethical interactions with the Securities and Exchange Commission (SEC).

Will ETH reach $4,000 again? ›

Prediction: Can ETH price reach $4,000 in March 2024? As things stand, Bitcoin investors redirecting capital towards altcoins, and existing investors are reluctant to sell. These two factors could combine to form a major catalyst for Ethereum price to move above $4,000 in March 2024.

Why is Ethereum not a security? ›

Brian Frye, the Spears-Gilbert Professor of Law at the University of Kentucky, said the best reason against classifying ETH as a security “is that ETH looks more like BTC than any other token.” He added that “the SEC has repeatedly said it considers BTC a commodity, rather than a security ...

Which crypto will explode in 2024? ›

While Solana has had a spectacular run over the past 15 months, there could be even more upside potential ahead as it closes the gap with Ethereum. If the 2020 Bitcoin halving cycle is any guide, Solana could explode in value during the 2024 Bitcoin halving cycle.

Is ETH classified as a security? ›

According to a March 20 Fortune report, an investigation by the SEC into the Ethereum Foundation could give the commission regulatory coverage to define Ether (ETH) as a security. The foundation suggested via GitHub that it may be under investigation “from a state authority.”

What does it mean if a Cryptocurrency is a security? ›

Tokens are viewed as securities by regulators when they meet the criteria set by the Howey test; that is, there is an investment of money, a common enterprise, and a reasonable expectation of profit through the effort of others. 1.

How do you know if a crypto is a security? ›

What makes a crypto a security?
  1. Money is invested.
  2. There is an expectation the investor will earn a profit.
  3. The investment is in a common enterprise.
  4. Profits are generated via the efforts of others.

Why isn t Ethereum a security? ›

ETH tokens are not, in and of themselves, “securities” in the way that stocks or bonds are. They do not confer legal ownership of any business entity or contractual rights to any kind of payments — they are just code in a decentralized database.

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