Pre-sale distinction may have influenced SEC's decision to avoid action against Ethereum (ETH)

BankXRP (@BankXRP), a well-known figure in the cryptocurrency community, recently drew attention to the ongoing debate over XRP's classification

A well-known figure in the cryptocurrency community, BankXRP (@BankXRP), recently brought attention to the ongoing debate over XRP’s classification in the SEC’s case against Ripple. The discussion centers around whether XRP should be categorized as a commodity, similar to Ethereum (ETH), or if it falls under securities regulations.

The SEC’s past decision not to take action against Ethereum despite its initial coin offering (ICO) has raised questions about inconsistent enforcement.

Responding to these comparisons, Ripple's Chief Technology Officer (CTO), David Schwartz, highlighted a key difference: ETH was privately sold by an issuer before any ledger or blockchain existed, while XRP did not have any pre-sale.

Schwartz's remarks were made in response to Fox Business Senior Correspondent Charles Gasparino, who discussed the ongoing settlement negotiations between Ripple and the SEC.

Gasparino pointed out that the SEC is considering whether XRP's utility and trading characteristics now align more closely with those of a commodity. He also emphasized the significance of Ethereum's (ETH) regulatory treatment, stating that ETH was initially issued through an initial coin offering (ICO) but later recognized as a commodity. Gasparino questioned why XRP was singled out for legal action while ETH was not.

David Schwartz's clarification ties into ongoing SEC-Ripple settlement talks, where XRP's classification as a commodity or security is debated, pic.twitter.com/pkBSa7F7rl

— 𝗕𝗮𝗻𝗸XRP (@BankXRP) March 13, 2025

In response, David Schwartz challenged the comparison between ETH and XRP, stating, "ETH was privately sold by an issuer prior to any ledger or blockchain existing. XRP was not." His argument reinforces the view that ETH had a pre-sale before its blockchain was operational, whereas XRP did not undergo a similar process.

This distinction is crucial because the SEC's case against Ripple has largely relied on the claim that XRP's issuance was akin to an unregistered securities offering. However, Schwartz's statement highlights a fundamental difference in how the two assets were initially distributed.

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Members of the XRP community have been calling out the SEC since the beginning of the lawsuit, as the regulator did not take any legal action against Ethereum despite its pre-sale, whereas Ripple has faced years of litigation.

The SEC's inconsistent treatment of XRP and ETH underscores regulatory bias and selective enforcement. However, with former SEC Chair Gary Gensler out of the picture and his war on crypto winding down, many in the XRP army are eager to put the past behind them and focus on a future with sensible crypto regulation.

Recent reports suggest that Ripple is negotiating for the removal of the permanent injunction preventing institutional sales. The end of the lawsuit would quell all questions about XRP's status and create a level playing field.

This content is meant to inform and should not be considered financial advice. The views expressed in this article may include the author’s personal opinions and do not represent Times Tabloid’s opinion. Readers are urged to do in-depth research before making any investment decisions. Any action taken by the reader is strictly at their own risk. Times Tabloid is not responsible for any financial losses.

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