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SEC Loses Again—Appeal of Landmark Ripple Ruling Rejected

October 4, 2023
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America Securities and Alternate Fee (SEC) didn’t persuade a federal choose that its latest, high-profile courtroom loss to crypto agency Ripple Labs must be overturned, in keeping with a court docket ruling issued Tuesday. 

U.S. District Courtroom choose Analisa Torres—who dominated in July that Ripple’s sale of a cryptocurrency token on to customers didn’t represent an illegally unregistered securities providing—wrote late Tuesday that the SEC had failed to point out in its enchantment that the choice was sufficiently defective or problematic. The regulator hoped to overturn the ruling earlier than a remaining judgment is entered within the case subsequent spring. 

The information successfully constitutes one other victory—albeit a extra minor one—for Ripple, and the market responded. The corporate’s XRP token jumped 6.8%, to simply over $0.54, earlier than settling to $0.53 at writing, in keeping with CoinGecko.

The SEC will nonetheless have the chance to enchantment Decide Torres’ choice, however solely as soon as the case formally concludes after a trial on remaining points is held subsequent April. 

do not get too excited in regards to the denial of SEC’s interlocutory enchantment in Ripple…it does not imply the SEC “misplaced its enchantment”…it signifies that if the SEC desires to enchantment it has to enchantment all the things without delay after the trial…

nonetheless, some helpful clarifications of Torres’ opinion

— _gabrielShapir0 (@lex_node) October 3, 2023

That information is actually a disappointment to the SEC, which hoped to mitigate the injury of its headline-grabbing loss to Ripple by arguing that Torres’ choice created so many “knotty authorized issues” that it should be reviewed by a federal appeals court docket earlier than the case is concluded. 

The case has seemingly obtained a lot breathless consideration—each from pro-crypto advocates and from the SEC itself—as a result of it constitutes maybe probably the most full-throated refutation to this point of the SEC’s present place that almost all cryptocurrency corporations are taking part in unlawful securities schemes.

Decide Torres, in her July choice, had acknowledged that Ripple’s XRP token “will not be essentially a safety on its face.”

Within the day following that judgment, the crypto market cumulatively soared $73.5 billion, to a market capitalization of $1.3 trillion. XRP skyrocketed over 66% in the identical interval.

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Tags: AgainAppealLandmarkLosesRejectedRippleRulingSEC
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