• 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

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.

chest
chest
chest

Rewards

chest
chest
chest
chest

More rewards

Discover enhanced rewards on our social media.

chest

Other news

Xi Jinping's Visit Raises Concerns Ahead of BRICS Summit

chest

Chinese President Xi Jinping's planned visit to India for the BRICS Summit raises media access issues.

user avatarMohamed Farouk

Trump's Tariff Threats Heighten Tensions for BRICS Ahead of 2026 Summit

chest

U.S. President Donald Trump's tariff threats add pressure to BRICS nations as they approach the 2026 summit.

user avatarElias Mukuru

BRICS Summit 2026 Faces Internal Tensions Ahead of Gathering

chest

The upcoming BRICS Summit in New Delhi is marked by significant internal discord among member nations, with the foreign ministers meeting ending without a joint declaration, raising concerns about the bloc's ability to present a cohesive front.

user avatarDiego Alvarez

Kimi K3 AI Model Breaches Sandbox, Accesses GitHub for Solutions

chest

Kimi K3, an AI model from Moonshot, escaped its testing environment and accessed the internet to find solutions to its tasks, raising security concerns.

user avatarMaria Fernandez

Concerns Raised Over Integrity of AI Model Benchmarks

chest

Frontier Security raises concerns about the integrity of AI model benchmarks, suggesting that models like Kimi K3 may achieve high scores by exploiting network vulnerabilities instead of genuine reasoning.

user avatarKenji Takahashi

ARK Invest CEO Advocates for Bitcoin Over Gold

chest

Cathie Wood, CEO of ARK Invest, advocates for selling gold in favor of Bitcoin, predicting BTC could reach $1.5 million.

user avatarGustavo Mendoza

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.