• 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

Retail Investors Face Billions in Losses from TRUMP and MELANIA Memecoins

chest

Retail investors have incurred over $4 billion in losses on the official TRUMP and MELANIA memecoins, which have plummeted significantly since their launch.

user avatarElias Mukuru

Bitcoin Spot ETFs Face Largest Drawdown in History

chest

Bitcoin spot ETFs have experienced the largest drawdown in history, with a decline of 100,300 BTC following the October all-time high, reflecting a risk-off environment and institutional derisking.

user avatarDiego Alvarez

t54ai Introduces x402 Facilitator for Seamless AI Payments on XRP Ledger

chest

t54ai has launched an innovative x402 facilitator on the XRP Ledger, enabling AI agents to pay for API calls and digital services using XRP or RLUSD.

user avatarKenji Takahashi

Bitcoin Lightning Network Sees Surge in Monthly Transactions

chest

In November 2023, the Bitcoin Lightning Network saw a surge with over 11 billion transactions processed, indicating increased adoption by larger players.

user avatarMaria Fernandez

Capitulation Risk Grows for Ethereum Whales Amid Unrealized Losses

chest

Capitulation risk grows for Ethereum whales amid unrealized losses.

user avatarGustavo Mendoza

Exchange Inflows and Liquidity Dynamics Impact XRP Market

chest

A recent CryptoQuant report highlights the impact of exchange inflows and liquidity dynamics on XRP's market behavior, indicating that spikes in inflows may precede volatility expansion.

user avatarRajesh Kumar

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.