• 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

Bitcoin Hyper Presale Attracts Significant Investment

chest

The presale for Bitcoin Hyper has raised an impressive $288 million, showcasing strong interest from investors in a Bitcoin-native execution layer.

user avatarFilippo Romano

Zama Aims to Overcome Challenges in Encrypted Computation

chest

Zama is focused on hardware acceleration and building a token economy to enhance the scalability and efficiency of encrypted computation.

user avatarEmily Carter

Zama's fhEVM Introduces New Execution Model for Smart Contracts

chest

Zama's fhEVM introduces a new execution model for smart contracts, enhancing privacy and security by allowing encrypted integers and state variables in Solidity.

user avatarTomas Novak

Zama Revolutionizes Blockchain with Encrypted Computation

chest

Zama is transforming blockchain design by making encrypted computation practical, shifting privacy from an optional feature to a fundamental infrastructure.

user avatarKaterina Papadopoulou

Edward Adlard Joins Cronos Labs as Head of Ecosystem

chest

Cronos Labs has appointed Edward Adlard as the new Head of Ecosystem to drive growth, form partnerships, and advance tokenization.

user avatarMaya Lundqvist

Coinbase Premium Turns Positive Amid Increased US Spot Demand

chest

The Coinbase Premium has turned positive, reflecting increased demand from US buyers.

user avatarLeo van der Veen

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.