Share:

Ripple has filed its opposition to the motion by the US Securities and Exchange Commission (SEC) to certify an interlocutory appeal.

The case started in December 2020, when the SEC alleged that virtually all of Ripple’s transactions in XRP over eight years were investment contracts (securities).

The regulator’s case against Ripple has been the highlight of its strategy to regulate the US crypto industry through case-by-case enforcement as opposed to general regulation.

After Judge Torres allowed the SEC’s request for an interlocutory appeal, the commission pushed to appeal what it claims is a purely “legal question” applicable to every digital asset case. It said:

The SEC seeks certification for immediate appeal and a stay pending the Second Circuit’s resolution of that appeal.

On September 1, Ripple filed its opposition to the SEC’s motion, saying it does not show any allegiance to the law.

Ripple Labs' memorandum of law in response to SEC's motion to certify interlocutory appeal

According to Ripple Labs, the SEC fails to establish any of the three conditions required for certification of an interlocutory appeal. 

These conditions include:

  • The order must raise a pure or controlling question of law.

That the reviewing court can decide quickly and without having to study the record.

  • There must be substantial ground for a difference of opinion on the proposed questions of law. 

That the SEC must show that courts are in clear conflict with one another on the subject and that the ‘issue is particularly difficult and of first impression.

  • The immediate appeal from the order should be able to materially advance the ultimate termination of the litigation.

Notably, an interlocutory appeal is generally “unwarranted” where reversal would not terminate the litigation.

The defendant believes these criteria have not been met, and has therefore asked the court to follow the Second Circuit's instruction and deny the SEC’s request to certify an interlocutory appeal.

It also wants the court to turn down the  SEC’s request for a stay pending appeal for the reasons identified in the ‘Individual Defendants’ separately filed opposition. 

SEC vs Ripple lawsuit FAQs

Is XRP a security?

It depends on the transaction, according to a court ruling released on July 14:

For institutional investors or over-the-counter sales, XRP is a security.
For retail investors who bought the token via programmatic sales on exchanges, on-demand liquidity services and other platforms, XRP is not a security.

How does the ruling affect Ripple in its legal battle against the SEC?

The United States Securities & Exchange Commission (SEC) accused Ripple and its executives of raising more than $1.3 billion through an unregistered asset offering of the XRP token.

While the judge ruled that programmatic sales aren’t considered securities, sales of XRP tokens to institutional investors are indeed investment contracts. In this last case, Ripple did breach the US securities law and will need to keep litigating over the around $729 million it received under written contracts.

What are the implications of the ruling for the overall crypto industry?

The ruling offers a partial win for both Ripple and the SEC, depending on what one looks at.

Ripple gets a big win over the fact that programmatic sales aren’t considered securities, and this could bode well for the broader crypto sector as most of the assets eyed by the SEC’s crackdown are handled by decentralized entities that sold their tokens mostly to retail investors via exchange platforms, experts say.

Still, the ruling doesn’t help much to answer the key question of what makes a digital asset a security, so it isn’t clear yet if this lawsuit will set precedent for other open cases that affect dozens of digital assets. Topics such as which is the right degree of decentralization to avoid the “security” label or where to draw the line between institutional and programmatic sales are likely to persist.

Is the SEC stance toward crypto assets likely to change after the ruling?

The SEC has stepped up its enforcement actions toward the blockchain and digital assets industry, filing charges against platforms such as Coinbase or Binance for allegedly violating the US Securities law. The SEC claims that the majority of crypto assets are securities and thus subject to strict regulation.

While defendants can use parts of Ripple’s ruling in their favor, the SEC can also find reasons in it to keep its current strategy of regulation by enforcement.

Can the court ruling be overturned?

The court decision is a partial summary judgment. The ruling can be appealed once a final judgment is issued or if the judge allows it before then. The case is in a pretrial phase, in which both Ripple and the SEC still have the chance to settle.


Information on these pages contains forward-looking statements that involve risks and uncertainties. Markets and instruments profiled on this page are for informational purposes only and should not in any way come across as a recommendation to buy or sell in these assets. You should do your own thorough research before making any investment decisions. FXStreet does not in any way guarantee that this information is free from mistakes, errors, or material misstatements. It also does not guarantee that this information is of a timely nature. Investing in Open Markets involves a great deal of risk, including the loss of all or a portion of your investment, as well as emotional distress. All risks, losses and costs associated with investing, including total loss of principal, are your responsibility. The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of FXStreet nor its advertisers. The author will not be held responsible for information that is found at the end of links posted on this page.

If not otherwise explicitly mentioned in the body of the article, at the time of writing, the author has no position in any stock mentioned in this article and no business relationship with any company mentioned. The author has not received compensation for writing this article, other than from FXStreet.

FXStreet and the author do not provide personalized recommendations. The author makes no representations as to the accuracy, completeness, or suitability of this information. FXStreet and the author will not be liable for any errors, omissions or any losses, injuries or damages arising from this information and its display or use. Errors and omissions excepted.

The author and FXStreet are not registered investment advisors and nothing in this article is intended to be investment advice.

Join Telegram

Follow us on Telegram

Stay updated of all the news

Join Telegram

Recommended content


Follow us on Telegram

Stay updated of all the news

Join Telegram

Recommended Content

Editors’ Picks

Turn off Solana and win $400,000 - Solana Foundation executive announces offer

Turn off Solana and win $400,000 - Solana Foundation executive announces offer

Solana has been touted as an Ethereum killer, but as with every blockchain in the crypto market, the network does not come without its fair share of issues. While many who get hacked or exploited deal with the issues after the fact, Solana intends to get a step ahead by making a very lucrative offer to white hat hackers.

More Solana news

Grayscale vs. SEC deadline: Commission faces a midnight Friday deadline to challenge August 29 loss

Grayscale vs. SEC deadline: Commission faces a midnight Friday deadline to challenge August 29 loss

Grayscale Investments secured a resounding victory in its longstanding case against the US Securities and Exchange Commission in late August. The lawsuit started in October after the firm approached the D.C. Circuit Court pushing to have its Bitcoin Trust converted to an Exchange-traded fund.

More Cryptocurrencies news

Loom Network price hits strong weekly resistance after 32% surge as LOOM ranks high on Korea’s Upbit

Loom Network price hits strong weekly resistance after 32% surge as LOOM ranks high on Korea’s Upbit

Loom Network token is highly bullish, passing as a rather lucrative investment for scalping traders, buying and selling the asset within a short period to make small profits. 

More Loom news

Voyager founder charged by CFTC for fraud and by FTC for misleading investors that lost $1 billion

Voyager founder charged by CFTC for fraud and by FTC for misleading investors that lost $1 billion

Voyager was among the first crypto companies to collapse and file for bankruptcy in 2022. While the platform has been making efforts to return its customers' assets since then, it looks like the regulatory bodies are not willing to be patient. 

More Cryptocurrencies news

Bitcoin: Can BTC bears challenge crypto’s 2023 bull rally?

Bitcoin: Can BTC bears challenge crypto’s 2023 bull rally?

Bitcoin (BTC) price is at a critical juncture in the weekly time frame, where bulls and bears are battling for control. However, a multi-time-frame analysis shows that BTC is bullish daily and is likely to rally higher. 

Read full analysis

BTC

ETH

XRP