Ahead of the anticipated SEC appeal in the Ripple case, legal expert Fred Rispoli shared insights into key aspects that may be challenged. The SEC is expected to focus on the court's rulings concerning programmatic sales and other distributions of the XRP token.

Appeal on Disgorgement Decision

Attorney Fred Rispoli notes that the SEC is likely to dispute Judge Analisa Torres’ ruling on disgorgement of profits. Initially, the SEC sought a $2 billion penalty, but the judge reduced it to $125 million. The SEC aims to argue that this penalty is insufficient given the scale of violations attributed to Ripple.

Focus on Penalty and Programmatic Sales

Rispoli suggests that the SEC will challenge not just the penalty amount but also the court's conclusions on programmatic sales of XRP and other distributions. According to him, the upcoming appellate filing will likely offer detailed arguments to support their case. Despite Ripple executives' confidence in XRP's legal standing, Rispoli warns that the SEC might revisit this issue.

Legal Status of XRP and Ripple's Strategic Plans

Ripple executives have repeatedly stated that XRP's legal status will remain unchanged by the appeal. However, Rispoli indicates that the SEC might attempt to readdress this aspect in its appeal. Ripple's legal team maintains confidence that the digital asset status of XRP remains intact and poses no risk from the appeal.

This case plays a significant role for the entire cryptocurrency industry as the SEC continues its aggressive regulatory stance. The decision in the Ripple case could become a critical precedent for the crypto industry in the future.