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SEC challenges ruling on Ripple XRP’s security status, crypto world held at fence


The crypto world is buzzing once again as the US Securities and Exchange Commission (SEC) gears up for a fiery battle over Ripple Labs Inc.’s XRP token. In a bold move, the SEC has expressed its intention to challenge a federal judge’s ruling that declared XRP isn’t a security when sold to the general public. 

Last month, US District Judge Analisa Torres sent shockwaves through the industry by ruling that Ripple’s sales of XRP to savvy investors fit the bill for an investment contract under federal securities law. The basis? Judge Torres believed that these sophisticated buyers “would have understood that Ripple was pitching a speculative value proposition for XRP with potential profits.” However, she drew the line when it came to regular programmatic investors – the everyday public trading XRP on exchanges.

The ruling on XRP’s security status

This case has reignited the longstanding debate about whether cryptocurrencies should be considered securities. The crypto world has often argued that it operates outside the SEC’s realm and the clutches of other regulatory bodies. Ripple’s case is just one of many that have brought this issue before the courts, leading to a series of “varying decisions” that have left regulators scratching their heads, according to the SEC.

SEC challenges ruling on Ripple XRP's security status

But the story doesn’t end here. The SEC has thrown down the gauntlet by informing Judge Torres of its plans to seek permission for a speedy appeal to the 2nd US Circuit Court of Appeals. Why the rush? The SEC cites the numerous pending cases that could be influenced by the appellate court’s verdict. If the higher court’s ruling emerges, it could provide much-needed clarity and consistency for the often-confusing world of lower-court decisions.

The legal battle becomes more complex

As the legal battle heats up, Ripple Labs has remained tight-lipped, failing to respond to requests for comment on the SEC’s bold move. The stakes are high, especially considering that the ruling in favor of Ripple’s retail sales covers essential legal matters that have impacted over half of XRP’s offers and sales.

This legal tussle isn’t just about Ripple; it’s about setting a precedent that could echo through the crypto corridors. A prime example is Coinbase, currently embroiled in a lawsuit with the SEC. The regulatory body alleges that Coinbase is illicitly operating an unregistered securities exchange, acting as both broker and clearing agency. With the Ripple case in their arsenal, Coinbase is now urging for their lawsuit’s dismissal, leveraging the precedent to its advantage.

And it doesn’t stop there. The potential ripple effects (pun intended) could extend to other high-profile cases, including the SEC’s battle against Binance Holdings Ltd. and its CEO Changpeng Zhao. This case covers allegations of securities law violations, mishandling funds, and misleading stakeholders and regulators.

Looking a head a rocky but possible path

However, the road to resolution is a rocky one. Since Judge Torres’s ruling didn’t finalize the Ripple case, the SEC must request her permission to fast-track an appeal. They need to convince her that this decision holds substantial legal weight, invites diverse opinions, and could potentially expedite the litigation process.

Interestingly, even within the same courthouse, different judges have adopted varying stances. In a parallel lawsuit against Terraform Labs Pte and its co-founder Do Kwon, US District Judge Jed Rakoff contradicted Torres’s approach. He ruled that Terra USD tokens could indeed be considered securities when sold to regular retail investors.

As the legal wheels turn, brace yourself for the possibility of a postponed Ripple trial, albeit for a critical cause. The SEC argues that resolving these legal conundrums now could ultimately speed up the entire legal process in the long run.

Hold onto your virtual hats, because the outcome of this battle could reshape the future of cryptocurrencies, challenging their security status and influencing regulations for years to come.
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