SEC Gets Judge’s Nod to Argue for Appeal against Landmark Ripple Ruling
The US Securities and Exchange Commission (SEC) has crossed the first step in its effort to appeal against a trial court’s ruling stating that crypto firm Ripple’s XRP token sale on digital asset exchanges is not a secur...
Archive context
Older archive item. Useful for background and entity history, but not a fresh market-moving signal.
The US Securities and Exchange Commission (SEC) has crossed the first step in its effort to appeal against a trial court’s ruling stating that crypto firm Ripple’s XRP token sale on digital asset exchanges is not a security offering. Judge Analisa Torres has granted the securities watchdog's request to file a motion that will enable it to argue for permission to put forward an interlocutory appeal, CoinDesk reported today (Thursday).
SEC Moves to Seek Appeal
An interlocutory appeal involves challenging a decision made by a lower court before the case concludes. Not all appeals are permitted, and the appealing party must demonstrate that the decision could greatly influence the case's final outcome.
According to CoinDesk, the SEC must file the permitted motion by August 18th (tomorrow) and Ripple will have until September 1st to respond. Subsequently, the SEC can provide a counter-argument by September 8th.
In a ruling delivered in the middle of last month, the court concluded, in what the crypto industry considers a 'partial victory' for Ripple, that the crypto firm’s sale of XRP only violates federal securities law when sold to sophisticated investors. However, the SEC in a recent court filing disclosed that it was seeking permission to file a motion that will move it a step closer towards getting approval to appeal the case.
“Specifically, the SEC seeks to certify the court’s holding that Defendants’ ‘programmatic’ offers and sales of XRP buyers over crypto asset trading platforms and Ripple’s ‘other distributions’ in exchange for labour and services did not involve the offer or sale of securities under [the Howey Test],” the SEC elaborated in the filing.
The Howey Test is a technique used to determine when a financial transaction qualifies as an ‘investment contract’ and should be regulated as a security dealing by the SEC.
Is the Appeal Feasible?
In stating its interest in appealing the case, the SEC argued that the case deserved an “interlocutory review” because the issues the agency raised “involve controlling questions of law on which there is substantial ground for difference of opinions."
“Timely appellate review is particularly warranted given the number of actions currently pending that may be affected by how the Court of Appeals resolves these issues,” the SEC further argued.
However, Stuart Alderoty, the Chief Legal Officer of Ripple, in a post published yesterday on the social media platform, X (formerly known as Twitter), contended that the SEC lack the basis for such a move.
“We oppose the SEC’s request for an interlocutory appeal,” Alderoty wrote. “There is no extraordinary circumstance here that would justify departing from the rule requiring all issues as to all parties to be resolved before an appeal.”
We oppose the SEC’s request for an interlocutory appeal. There is no extraordinary circumstance here that would justify departing from the rule requiring all issues as to all parties to be resolved before an appeal. https://t.co/hjNIwEZkSt
— Stuart Alderoty (@s_alderoty) August 16, 2023Brad Garlinghouse, the Chief Executive Office at Ripple, also believes that the SEC’s request for appeal approval, even if granted, will not count for much.
Reminder - the request for appeal (even if granted) doesn’t change the fact that XRP is not a security. That’s not up for debate / trial. But the SEC continues to claim that Chris and I acted recklessly in believing that XRP is not a security. That’s utter nonsense. 1/2 https://t.co/pG7z0jsjlt
— Brad Garlinghouse (@bgarlinghouse) August 16, 2023Fortex integrates with Haame CRM; Colt Partners with AsiaNext; read today's news nuggets.
This article was written by Solomon Oladipupo at www.financemagnates.com.Why this matters
This altcoin story adds another data point to the current market tape and is useful when read alongside nearby source coverage.
Original source
Read on Finance MagnatesRelated market context
NYLIM executive says tokenization will make personalized portfolios the next big use case
Tokenization's rise could democratize personalized investment portfolios, making them accessible to a broader range of investors....
The CLARITY Act Missed Its July 4 Deadline. Is Crypto Screwed?
There is a version of 2026 in which the United States finally settled the question that has defined a decade of crypto litigation...
South Korean Supreme Court proposes amendments for crypto asset seizure procedures
The proposed amendments could enhance legal clarity and creditor recovery in civil cases, impacting crypto asset management and in...
Fed Schedules $10B Treasury Bill Purchases as Liquidity Move Fuels Crypto Market Optimism
Key Takeaways: The New York Fed will make approximately $10 billion in purchases of Treasury bills from June 12 to July 13. The op...
Ondo Brings $1.67B Tokenized Securities Boom to the U.S. With Full Onchain Voting Rights
Key Takeaways: Ondo launched the first third-party tokenized U.S. securities under the SEC’s custodial framework. Shares will be i...
Vitalik’s new Lean Ethereum plan puts ETH’s Wall Street pitch on a 4 year clock
Vitalik Buterin's July 4 Lean Ethereum post put a clock on ETH's institutional story: a protocol pitched as financial infrastructu...