SEC vs Ripple: Regulatory Files Appeal Against Judge Torres’s Verdict

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As a seasoned crypto investor with a knack for navigating the volatile seas of digital assets, I must admit that this latest turn of events has left me feeling like a ship caught in a hurricane. The SEC’s decision to appeal against the XRP ruling is akin to a sudden storm on a seemingly calm day.

Just prior to the deadline, the Securities and Exchange Commission (SEC) submitted an appeal challenging the court decision classifying XRP as non-security, thus rekindling its legal fight with Ripple Labs following the exit of its Enforcement Director, Gurbir Grewal.

Appeal Against XRP Ruling

The Securities and Exchange Commission (SEC) has chosen to challenge the court’s decision in its ongoing dispute with Ripple Labs over whether XRP should be classified as a security. This action was taken following Judge Analisa Torres’ ruling against the SEC’s arguments in August, which represents a major turn of events in this high-profile legal case.

Developments like this might make the legal process even more intricate, particularly given that Bitwise recently submitted an S-1 registration for an XRP exchange-traded fund (ETF). If the SEC decides to appeal, it could potentially postpone the approval of similar products, creating doubt about the future role of XRP in financial markets.

Appeal Following Departure of Enforcement Director

Following the announcement that Gurbir Grewal, the Director of the SEC’s Enforcement Division, will leave his position on October 11, it has been revealed that the agency intends to appeal a decision. As the head of enforcement for the past three years, Grewal played a significant role in numerous crypto-related cases, such as those against Ripple and Coinbase. Under his leadership, the SEC secured over $20 billion in penalties through 2,400 enforcement actions, many of which targeted the cryptocurrency industry. The crypto community had hoped that Grewal’s departure would signal a positive change, but this latest move suggests otherwise.

Ripple’s Victory Faces New Legal Challenge

Judge Torres’s ruling in August was a key victory for Ripple Labs, with the court concluding that XRP does not constitute a security under U.S. law. Ripple was ordered to pay $125 million in civil penalties, significantly lower than the $2 billion originally sought by the SEC. Even though the court issued a permanent injunction preventing Ripple from violating securities laws regarding XRP sales in the future, it did not find any evidence of fraud or misconduct by Ripple.

As a researcher delving into the world of cryptocurrencies, I found the recent ruling in favor of Ripple to be a significant victory. However, the Securities and Exchange Commission’s decision to appeal suggests their determination to persist in this legal battle. The regulator has filed their appeal with the U.S. Court of Appeals for the Second Circuit, a move made just days before the deadline expired.

Ripple’s Response to SEC’s Appeal

Ripple Labs CEO Brad Garlinghouse was quick to respond to the SEC’s decision. 

In a post on X (formerly Twitter), he remarked, 

Given a rational perspective, one might expect that Gensler and the SEC would have closed this case earlier, as it doesn’t seem to have benefited investors and instead tarnished the credibility and standing of the SEC.

As a researcher delving into the intricacies of the crypto sphere, I firmly believe that the symbiotic relationship between this industry and the legal framework has already proven its strength. Continuing to persist with this case, as the SEC is doing, seems to me an ill-advised pursuit.

As a researcher, I’d put it this way: “Stuart Alderoty, being Ripple’s Chief Legal Officer, has suggested that our company might take the step of filing a cross-appeal as a response to the Securities and Exchange Commission’s notice.

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2024-10-03 17:12