Expressing caution, Murphy advised against settling with the current SEC, suggesting a wait-and-see approach pending potential changes in leadership influenced by the outcome of upcoming elections. He speculated on a different regulatory stance under leadership akin to Hester Peirce, known for her more open-minded approach to crypto regulation.
Murphy envisioned a departure from the current enforcement trajectory, anticipating voluntary dismissals of crypto cases initiated by the current regime where no fraud or victims are involved. He emphasized a return to the SEC's core mission of investor protection, distinct from political agendas.
Recent indications of a softer stance towards cryptocurrencies under the Biden administration contrast with former President Trump's pro-crypto stance. Murphy’s analysis came in the wake of Trump's reaffirmation of support for crypto and Bitcoin. Biden's administration recently approved a spot Ethereum ETF, signaling a shift in approach.
While acknowledging the Biden administration’s softened stance, Murphy maintained that it shouldn't influence judicial proceedings directly. However, he suggested it could impact settlement negotiations with the SEC, potentially altering their stance.
The discussion also addressed strategic considerations for Ripple, with opinions divided on settling versus contesting the case. While some advocated for settling amidst uncertainty, Murphy remained neutral, recognizing the complexity of the decision-making process amid evolving regulatory landscapes.