• Dapps:16.23K
  • Blockchains:78
  • Active users:66.47M
  • 30d volume:$303.26B
  • 30d transactions:$879.24M

SEC Appeals in Ripple Case: XRP Sales and Legal Classification

user avatar

by Giorgi Kostiuk

10 months 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.

0

Rewards

chest
chest
chest
chest

More rewards

Discover enhanced rewards on our social media.

chest

Other news

Goldman Sachs Estimates 50,000 Decline in US Nonfarm Payrolls

chest

Goldman Sachs estimates a decline of 50,000 in US nonfarm payrolls for October, raising concerns about the labor market's strength.

user avatarAisha Farooq

Harvest Now, Decrypt Later Attacks Present Serious Risks

chest

The strategy of harvesting encrypted data for future decryption poses a significant threat to data security.

user avatarBayarjavkhlan Ganbaatar

UAE Completes First Government Transaction Using Digital Dirham

chest

The UAE executed its inaugural government transaction using the Digital Dirham, marking a significant step in its digital economy.

user avatarTenzin Dorje

Avalanche Prepares for Significant Granite Upgrade

chest

Avalanche is preparing to roll out its Granite upgrade in November 2025, which will introduce performance improvements and optimizations aimed at enhancing validator coordination and subnet efficiency.

user avatarElias Mukuru

Zcash's Shielded Pool Surpasses 30% of Circulating Supply

chest

Zcash's shielded pool has surpassed 30% of its circulating supply, driven by institutional interest and technological advancements.

user avatarMohamed Farouk

No Immediate Market Impact from Acquisition Termination

chest

The cancellation of the acquisition has not caused any immediate market disruptions or liquidity impacts.

user avatarKenji Takahashi

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.