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Ripple and the Crypto Industry React to the SEC's Appeal of a July 2023 Ruling on XRP Sales

Linda Hamilton
Linda HamiltonOriginal
2024-10-05 19:26:23807browse

The ongoing legal battle between Ripple and the U.S. Securities and Exchange Commission (SEC) has taken another turn, drawing reactions from prominent figures in the crypto industry.

Ripple and the Crypto Industry React to the SEC's Appeal of a July 2023 Ruling on XRP Sales

The ongoing legal battle between Ripple and the U.S. Securities and Exchange Commission (SEC) took another turn on Friday, drawing reactions from prominent figures in the crypto industry.

Ripple’s Chief Legal Officer Stuart Alderoty expressed disappointment with the SEC’s decision to appeal the July 2023 ruling. The court had determined that while Ripple’s institutional sales of XRP qualified as securities, its retail sales on secondary markets did not.

The ruling was considered a significant win for Ripple and the broader cryptocurrency industry. However, the SEC’s appeal, which Alderoty criticized as “irrational and misguided,” extends the litigation.

“After being roundly trounced in court, the SEC is now irrationally and misguidedly appealing a decision that was a total legal blow-out,” wrote Alderoty on Twitter.

“The SEC’s claims of fraud and recklessness were dismissed by the court. There were no victims and no losses. But the SEC doesn’t care. They are engaging in litigation warfare against the crypto industry.”

Alderoty’s comments reflect the frustration many in the crypto industry feel toward the SEC’s enforcement actions under its current leadership. He emphasized that the SEC’s claims of fraud and reckless behavior had already been dismissed by the court, noting no victims or losses.

In a broader critique, Alderoty accused the agency of engaging in “litigation warfare” against the industry, suggesting that its actions are more about regulatory overreach than protecting investors. Ripple is also considering filing a cross-appeal to challenge parts of the ruling that were less favorable to the company.

Notably, Alderoty hinted at the recent resignation of Gurbir Grewal, the SEC’s Enforcement Director, which occurred just before the SEC’s appeal announcement. This timing has raised questions within the crypto community about internal dynamics at the SEC.

“The timing of this appeal, on the heels of Grewal’s resignation, is suspicious,” added Alderoty in a follow-up tweet.

“The SEC is supposed to be an independent agency, but this move makes it seem like the Biden Administration is pressuring the SEC to keep up its crypto crusade.”

Coin Coinbase’s Response and Industry Implications

In response to Alderoty’s tweet, Paul Grewal, Coinbase’s Chief Legal Officer, provided his support. He questioned why the SEC would need an appellate court to clarify the law if it were as clear as the agency often claims. Grewal’s remarks underline the broader industry’s demand for regulatory clarity, particularly regarding the classification of digital assets.

“If the law were as clear as the SEC and its allies in the crypto press often claim, why would the SEC need an appellate court to ‘clarify’ it?” asked Grewal.

“Hoping the Second Circuit will confirm that token trades on secondary markets are not investment contracts.”

He also reiterated the hope that the Second Circuit Court would confirm that token trades on secondary markets do not constitute investment contracts, further solidifying the status of cryptocurrencies like XRP.

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The SEC’s appeal continues to draw attention. It has prolonged a legal battle that has already spanned nearly four years. Ripple’s legal team remains committed to defending its position, emphasizing that the current court rulings affirm the legality of XRP sales to retail investors.

Meanwhile, the crypto industry watches closely, as the case could set a precedent that will impact the regulatory landscape for digital assets in the U.S.

This case, along with similar legal actions involving Coinbase and other crypto entities, underscores the growing tension between regulators and the crypto industry.

Ripple’s victory in the July 2023 ruling was a blow to the SEC’s efforts to classify a wide range of digital assets as securities. However, the appeal signals that the regulatory battle is far from over.

This content is meant to inform and should not be considered financial advice. The views expressed in this article may include the author’s personal opinions and do not represent Times Tabloid’s opinion. Readers are urged to do in-depth research before making any investment decisions. Any action taken by the reader is strictly at their own risk. Times Tabloid is not responsible for any financial losses.

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