在瑞波「勝利」、小川普加密平台計畫等之後，XRP 飆升：霍德勒文摘，8 月 4 日至 10 日

在Ripple慶祝與美國證券交易委員會長達四年的法律鬥爭結束之際，一些律師卻提出了質疑。

在Ripple慶祝與美國證券交易委員會長達四年的法律鬥爭結束之際，一些律師對最近的法庭進展是否真正構成了勝利提出了質疑。

雖然許多律師稱最新的法院判決是 Ripple 的“重大勝利”，但有些人卻猶豫是否將其稱為徹底的勝利。其他人甚至暗示這可能並不標誌著法律鬥爭的結束。

「Ripple 是贏家，但感覺不像是贏家」

儘管法院決定將 SEC 的補救要求從 20 億美元減少到 1.25 億美元，“對於 SEC 來說絕對不是一個勝利”，但仍然很難說此案有任何贏家，據律師 Philip Moustakis 說。 Seward & Kissel 和前 SEC 法律顧問。

That is because of the ongoing lack of clarity regarding how US securities laws should apply to cryptocurrencies, the costs of legal defense plus the fine, and the disruption of Ripple’s business since the case began in late 2020.

According to a report on the legal news service Law360, Moustakis stated the following:

Apart from the high costs of Ripple’s “victory,” there are also chances that the SEC might challenge certain aspects of the case.

SEC has until early October to file an appeal

Following the latest decision by Torres, the SEC was given 60 days to file an appeal in the Ripple case before the final decision of the court.

“Today starts the 60 countdown to the deadline to file an appeal,” XRP-supporting lawyer Fred Rispol wrote on X on Aug. 7.

According to Fox Business journalist Eleanor Terrett, the potential appeal by the SEC will likely be related to other court rulings instead of the most recent remedies ruling.

Related: Ripple begins testing RLUSD stablecoin on mainnet

Should the SEC file an appeal by Oct. 6, it will likely relate to Torres’ July 2023 court decision, which ruled that XRP was not a security but only when sold to retail investors. At the same time, Torres ruled that XRP was still a security when sold to institutional investors. Concluding her communication with the SEC and Ripple, Terrett stated:

“They have the right to appeal. And if they do, the focus will be on the programmatic sales for sure,” attorney Jeremy Hogan stated.

According to Joe Castelluccio, a partner at Mayer Brown, the SEC is likely to appeal, given that the agency had already tried and failed in October 2023. The lawyer believes the SEC might likely appeal on secondary sales and the penalty.

Additionally, the SEC didn’t explicitly say that sales on Ripple’s cross-border payments service, On-Demand Liquidity (ODL), violate the law. Instead, it argued that the sales showed a likelihood that Ripple could reoffend.

“As the court found, the fact that Ripple has shown a willingness to push the boundaries of the summary judgment order evinces a likelihood that it will eventually — if it has not already — cross the line,” the SEC reportedly said in a statement to Law360.

According to Withers partner Christopher LaVigne, that leaves room for future back-and-forth on the ODL sales. “Does it end litigation between the parties? I don’t know if it does,” he stated.

以上是在瑞波「勝利」、小川普加密平台計畫等之後，XRP 飆升：霍德勒文摘，8 月 4 日至 10 日的詳細內容。更多資訊請關注PHP中文網其他相關文章！