SEC Appeals in Ripple Case: XRP Sales and Legal Classification

user avatar

by Giorgi Kostiuk

2 years ago


In the ongoing legal battle between the U.S. Securities and Exchange Commission (SEC) and Ripple Labs, the SEC has filed an appeal against a July 2023 ruling. This case holds significant implications for the cryptocurrency industry, particularly regarding the legal classification of XRP and whether it should be considered a security.

SEC Challenges District Court’s Ruling

The SEC’s appeal challenges the district court's decision, which partially favored Ripple. The court ruled that Ripple’s sales of XRP to retail investors, conducted through cryptocurrency exchanges, did not qualify as a violation of federal securities laws. The SEC disagrees with this ruling, particularly the court’s conclusion that transactions on crypto exchanges did not meet the Howey Test—the legal standard used to determine if an asset qualifies as a security.

SEC’s Focus on Ripple’s Promotional Efforts

A key part of the SEC’s argument lies in Ripple’s promotional efforts. The agency asserts that Ripple’s activities were designed to increase demand for XRP and create a perception of value among investors. According to the SEC, Ripple’s marketing generated expectations that XRP would increase in value, making it function like a security.

As expected, the SEC’s appeal brief is a rehash of already failed arguments –and likely to be abandoned by the next administration.Stuart Alderoty

The Dispute Over “Investment Contracts”

At the heart of the case is whether Ripple’s sales of XRP to retail investors and through various non-cash transactions should be classified as investment contracts. The SEC argues that all XRP transactions, no matter how or through whom they are sold, qualify as securities under the Howey Test. Ripple, on the other hand, maintains that XRP is a digital currency, not a security.

The SEC’s appeal aims to overturn the district court's final judgment that favored Ripple. If the SEC succeeds in this appeal, the case would return to the district court for further proceedings.

Tier I

Sector: #18291

Sealed Hiding Place Room

Resource Cache

Resource Cache

Tier I

Requires 25% Tier Progress to Claim
Meme Cache

Meme Cache

Tier I

Requires 50% Tier Progress to Claim
Equipment Cache

Equipment Cache

Tier I

Requires 75% Tier Progress to Claim

After collecting, hiding places will be stored in your inventory and can be opened with Keys.

Other news

Developer Releases 56 Billion TikTok Video Metadata on Hugging Face

A developer known as hashfunction has released a dataset containing metadata for about 56 billion public TikTok videos on Hugging Face.

user avatarMaya Lundqvist

Ongoing Legal Battles Over TikTok Data Scraping Practices

The legality of data scraping from TikTok is currently being challenged in court, with Reddit suing Perplexity and three data-scraping firms for allegedly harvesting content for AI training.

user avatarKaterina Papadopoulou

Fairshake Launches Bipartisan Campaign to Support Pro-Crypto Lawmakers

Fairshake is launching a bipartisan campaign to support 32 incumbent candidates in the House, focusing on those who back the House CLARITY market structure bill, with an initial commitment of $6 million in independent spending.

user avatarLeo van der Veen

Binance Introduces AI-Driven Trading Tools

Binance launches a suite of AI products aimed at enhancing trading experiences for various user levels.

user avatarLi Weicheng

Binance Announces Dividend Reinvestment for Tokenized Stocks

Binance has announced a dividend reinvestment process for holders of its Oracle and Marvell tokenized stocks, where dividends will be reinvested into additional fractions of the same securities.

user avatarAisha Farooq

Cryptocom Enhances Trading with Insilico Terminal Integration

Cryptocom has announced an integration with Insilico Terminal on October 6, allowing users to connect their Cryptocom Exchange accounts directly to Insilico's trading platform.

user avatarLi Weicheng

Important disclaimer: The information presented on the Dapp.Expert portal is intended solely for informational purposes and does not constitute an investment recommendation or a guide to action in the field of cryptocurrencies. The Dapp.Expert team is not responsible for any potential losses or missed profits associated with the use of materials published on the site. Before making investment decisions in cryptocurrencies, we recommend consulting a qualified financial advisor.