SEC Ripple

SEC appeals Ripple ruling: Implications for US cryptocurrency regulation

By Albertocrypto | Cripto tips | 10 Aug 2024


The US Securities and Exchange Commission (SEC) has confirmed its plan to appeal a court ruling in the case against Ripple Labs, related to the classification of XRP sales. The SEC sought to challenge the decision that ruled that secondary market sales of XRP were not considered securities, which could have a significant impact on how cryptocurrencies are regulated.

The appeal followed a partial ruling issued by Judge Analisa Torres in 2023. The SEC argued that programmatic sales of XRP should be classified as unregistered securities, contrary to the court's decision. According to Fox Business journalist Eleanor Terrett, the SEC's appeal could focus on these transactions, claiming that they fall under the definition of securities.

An SEC spokesperson stressed that securities laws applied to investment contracts, regardless of the technology or labeling used. This stance suggested that the SEC viewed XRP sales, including those on secondary markets, as needing to be regulated under securities laws.

In addition to disputing the classification of XRP sales, the SEC’s appeal would likely also challenge the reduction of the fine imposed on Ripple. Judge Torres ordered Ripple Labs to pay a $125 million fine, far less than the nearly $2 billion the SEC had originally demanded. Ripple executives, including CEO Brad Garlinghouse, viewed the court’s decision as a partial victory despite the penalty.

The SEC’s appeal reflected its continued dedication to enforcing securities laws in the cryptocurrency industry. The outcome of this case could significantly influence how digital assets are regulated in the United States.

Ripple argued that XRP could not be classified as a security without a written contract, as required by the Howey test. This test determined whether a transaction qualified as an investment contract. Ripple claimed that the absence of a written contract meant that XRP did not meet the criteria to be considered a security, a position that the SEC planned to challenge.

This legal question over the need for a written contract under the Howey test was central to the case. The outcome could have significant implications for the regulatory framework for the digital asset industry.

The SEC’s actions and the resulting legal interpretations of this case could set new standards for digital asset regulation in the US. As the industry watched this legal battle, the outcome could set precedents that would impact the regulatory environment for cryptocurrencies.

The SEC’s appeal in the Ripple case represented a pivotal moment for the cryptocurrency industry. The outcome of this legal battle could redefine how digital assets are classified and regulated in the United States. Ripple’s case against the SEC not only affected XRP, but also had broader implications for the treatment of cryptocurrencies under securities law in the US. The resolution of this case would be critical in shaping the future of digital asset regulation.

How do you rate this article?

63


Albertocrypto
Albertocrypto

Crypto enthusiast


Cripto tips
Cripto tips

Trying to provide the help for people starting out in the world of cryptocurrencies that I would have liked to receive.

Send a $0.01 microtip in crypto to the author, and earn yourself as you read!

20% to author / 80% to me.
We pay the tips from our rewards pool.