Legal Expert Analyzes Expectations for US SEC Appeal in the Ripple Lawsuit
- admin_hrv2xlob
- March 21, 2024
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The XRP community is once again in a state of fear following the announcement that the US Securities and Exchange Commission (SEC) intends to appeal certain parts of the Ripple Labs case ruling. According to reports from Bloomberg News, the SEC believes that some aspects of the ruling are not in line with existing securities laws.
In the original ruling, the court determined that the Ripple XRP token is not a security. However, it also ruled that sales of XRP to institutional investors violated SEC rules, while sales to retail investors on exchanges did not. This decision has sparked controversy and has now prompted the SEC to seek an appeal.
The SEC argues that the court’s decision has transformed a long-standing test for determining securities, known as the Howey Test, into a subjective standard. It is urging the court to reject this part of the ruling. The SEC staff is currently considering various options for further review and intends to recommend that the SEC pursue such a review.
The Ripple ruling has had a broader impact on ongoing cases, including the lawsuit against Terraform Labs and its founder Do Kwon, which was filed earlier this year by the SEC. Lawyers for Terra argue that the Ripple decision supports their motion to dismiss the lawsuit, as it highlights the inadequacy of the SEC’s argument regarding certain tokens being classified as securities.
Following the news of the SEC’s appeal, XRP experienced a decline in value, similar to other cryptocurrencies in the market. The price of XRP fell from $0.9337 to $0.7691, a decrease of 0.40%. This decline raises concerns about the potential impact of the ongoing legal battle on investor confidence and the future development of new cryptocurrencies.
The outcome of the SEC’s appeal in court and any potential revisions to the Ripple ruling remain uncertain. If the case resumes, it is unclear how it will ultimately affect the crypto industry. Investors and industry participants are keenly observing the proceedings and speculating on the possible scenarios that could unfold.
As the legal battle continues, the crypto industry stands at a critical juncture, where the court’s final decision will play a significant role in shaping the future of cryptocurrencies. It is crucial for all stakeholders to closely monitor the developments and share their perspectives on the potential impact of this legal battle on the industry as a whole.