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US SEC Appeal Unlikely to Impact XRP, Asserts Crypto Lawyer

In this post:

  • Judge Analisa Torres ruled that the programmatic sale of XRP tokens through exchanges does not classify them as securities, a significant victory for Ripple in the lawsuit against the SEC.
  • The SEC intends to appeal the Summary Judgment, raising concerns about the potential impact on XRP and its holders.
  • Attorney John Deaton reassures XRP holders that even if the SEC appeals, the Summary Judgment will remain in effect during the potentially lengthy appeal process, providing support for XRP holders.

In the dynamic world of cryptocurrency, appeal legal battles often shape the landscape, setting precedents that can have far-reaching consequences for the entire industry. One such high-profile case involves the U.S. Securities and Exchange Commission (SEC) and Ripple Labs, the company behind the popular digital asset XRP. In a recent development, Judge Analisa Torres delivered a Summary Judgment in the Ripple lawsuit, ruling that the programmatic sale of XRP tokens through exchanges does not classify them as securities.

The Aftermath of Judge Analisa Torres’ Summary Judgment

In the wake of Judge Analisa Torres’ ruling on July 13, 2023, which deemed the programmatic sale of Ripple tokens via exchanges as not qualifying them as securities, the U.S. Securities and Exchange Commission (SEC) is reportedly considering an appeal against the decision. This move has sparked uncertainty in the crypto market and left XRP token holders wondering about the potential implications of an appeal. However, prominent crypto lawyer, John Deaton, who represents over 75,000 XRP token holders, offers insights on how the Summary Judgment will hold its ground even if the SEC proceeds with an appeal.

Understanding the Legal Standing if the SEC Appeals

Amidst the debate about the SEC’s jurisdiction over XRP tokens, Attorney John Deaton provides clarity on the potential impact of an appeal. He explains that even if the regulatory agency decides to appeal Judge Torres’ ruling, it would not immediately affect XRP holders. The process of appeal could take up to two years to reach a resolution, during which time the Summary Judgment would continue to be enforced as the prevailing law. This time frame provides a window of certainty for XRP holders, alleviating concerns that an appeal might lead to adverse consequences for the cryptocurrency.

Stuart Alderoty, the chief legal officer at Ripple, adds weight to the argument that the SEC’s jurisdiction is confined to securities. He emphasizes that if an asset is not deemed a security, the SEC has no authority over it. Any attempts by the SEC to assert jurisdiction in such cases would be seen as a political power play rather than a legitimate regulatory move. Alderoty’s stance aligns with the view that XRP does not fall under the category of securities, thereby negating the SEC’s jurisdiction over the digital asset.

Conclusion

As news of a possible appeal by the U.S. Securities and Exchange Commission (SEC) circulates in the crypto market, the impact on XRP remains a topic of interest and concern. However, legal experts and Ripple executives assert that even if the SEC chooses to appeal the Summary Judgment, the process could take years to reach a conclusion. In the meantime, the ruling stands as law, providing a sense of security for Ripple holders.

Moreover, Ripple’s legal officer emphasizes that the SEC’s jurisdiction is limited to securities, and any attempts to assert authority over non-securities assets like XRP would be a questionable exercise of power. As the situation unfolds, XRP holders and market participants closely observe how the legal landscape surrounding cryptocurrencies evolves.

Disclaimer. The information provided is not trading advice. Cryptopolitan.com holds no liability for any investments made based on the information provided on this page. We strongly recommend independent research and/or consultation with a qualified professional before making any investment decisions.

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Ryan Salame
Cryptopolitan
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