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You are here: Home / News / Crypto Lawyers Call For Ethical Conduct Amid SEC Criticism: Report
Crypto

Crypto Lawyers Call For Ethical Conduct Amid SEC Criticism: Report

December 4, 2023 by Arslan Tabish

Renowned legal figures in the crypto sphere, including Bill Morgan and Stuart Alderoty, have stirred conversation on ethical responsibilities following criticisms levied against the SEC. In a recent X post, Morgan emphasized the duty of candor incumbent upon lawyers filing ex parte motions, underscoring the obligation to transparently inform the court, irrespective of whether the information benefits the applicant’s case.

I have not had an opportunity to look into this case but I can give a perspective from an Australian law context on a general level of the type of conduct that is being criticised by @s_alderoty and @JohnEDeaton1 and others.

An ex parte motion on an urgent basis seeking… https://t.co/jssqjUt3kj

— bill morgan (@Belisarius2020) December 3, 2023

Morgan is a well-known person in the legal circles of the cryptocurrency industry. He emphasized the ethical responsibility of lawyers to disclose all facts and arguments, even if they go against their client’s interests, which the opposing party could present if given a chance to contest the motion. His remarks highlighted the crucial role of transparency in legal proceedings, particularly in ex parte motions seeking urgent restraining orders.

Alderoty Spotlights SEC’s Crypto Case Flaws

The conversation escalated when Ripple’s CLO, Stuart Alderoty, voiced concerns about a pattern in the SEC’s approach towards cryptocurrency-related cases. As reported earlier, Alderoty had highlighted instances where courts found the SEC’s conduct lacking, citing cases where the regulatory body faced criticism for inconsistent arguments and failing to uphold legal fidelity, such as in the Ripple and Grayscale cases.

Alderoty’s observations pointed to the SEC’s alleged default on its duty to respond in good faith, notably in the case involving Coinbase’s petition for crypto rulemaking. The court’s rebuke of the SEC’s purportedly arbitrary and capricious treatment of similar products further fueled discussions on the regulatory body’s conduct.

In response to Alderoty’s remarks, Morgan condemned intentional deception or misleading actions during ex parte motions, asserting that such behavior directly opposes the duty of candor. He emphasized that deliberate misrepresentation before the court constitutes severe professional misconduct and called for stringent repercussions, including disbarment, for those found engaging in such unethical practices.

The discourse among these legal luminaries underscores a growing call within the crypto legal landscape for heightened ethical standards, particularly in dealings involving regulatory bodies like the SEC. As the conversation continues, the focus on transparency, ethical conduct, and upholding the integrity of legal processes remains paramount in the evolving crypto regulatory environment.

Filed Under: News Tagged With: Cryptocurrency, ripple, SEC

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