Ripple Labs has announced plans to file a cross-appeal in its ongoing legal case with the U.S. Securities and Exchange Commission (SEC).
Ripple's Cross-Appeal
Ripple aims to preserve its legal defenses as it continues to face the SEC, which filed an appeal to counter the July 2023 ruling stating that XRP is not a security. Ripple CEO Brad Garlinghouse tweeted their intent to put an end to the SEC's 'regulation-by-enforcement' approach.
The Ongoing Battle
The SEC sued Ripple in December 2020, claiming XRP was sold as an unregistered security. Ripple argued XRP does not meet the criteria for a security under the Howey Test. The court's decisions have distinguished XRP from other cryptocurrencies like Bitcoin and Ethereum.
Significance of the Case
On July 13, 2023, Judge Analisa Torres ruled that XRP is not a security when sold to the public on exchanges. This marked a significant victory for Ripple and the crypto industry. However, Ripple's sales to institutional investors were ruled to violate securities laws, resulting in a $125 million fine.
The Ripple vs. SEC case has significant implications for the U.S. legal system concerning cryptocurrencies. Its outcome could set a precedent for how digital assets are classified moving forward.