• 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

a year 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

Market Cap Disparities Highlight Gaps in Crypto Valuations

chest

In 2025, significant discrepancies between market capitalizations and initial valuations of VC-backed crypto projects have emerged, prompting a reassessment among investors.

user avatarEmily Carter

Repercussions Across the Crypto Industry Due to Valuation Gaps

chest

The crypto industry is experiencing significant repercussions as investors grapple with valuation gaps, leading to a market reset.

user avatarFilippo Romano

Experts Warn of AI Bias and the Need for Decentralization

chest

Experts raise concerns about algorithmic bias in AI chatbots and emphasize the need for decentralized systems to ensure accuracy and impartiality.

user avatarTomas Novak

XRP and Chainlink Maintain Strong Market Presence

chest

XRP and Chainlink continue to attract institutional interest, showcasing their reliability in the crypto market.

user avatarKaterina Papadopoulou

Korea Investment & Securities and Bithumb Join Forces for Enhanced Crypto Asset Management

chest

Korea Investment & Securities has signed a Memorandum of Understanding with Bithumb to enhance crypto asset management services by merging traditional finance with digital assets.

user avatarMaya Lundqvist

KuCoin Launches Apple Pay for Crypto Purchases

chest

KuCoin has launched Apple Pay support for cryptocurrency purchases on its web platform, starting October 24, 2024.

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.