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The U.S. Securities and Exchange Commission (SEC) is facing a crucial situation as it considers whether to appeal a landmark decision in the Ripple case by October 7, Fox Business reported.
SEC Appeal Expected in XRP-SEC Case
The ruling, issued in July 2023 by U.S. District Judge Analisa Torres, concluded that only a portion of Ripple’s XRP token sales violated federal securities laws, sparking controversy in the legal community.
The ruling was a significant victory for Ripple and the broader cryptocurrency industry, which has long argued that digital assets should not be classified as securities. The outcome is seen as a pivotal moment in the industry’s ongoing battle to redefine how crypto assets are regulated in the U.S. The ruling has also been referenced in the legal strategies of other major cryptocurrency companies, including Coinbase, Binance and Kraken, which are currently embroiled in similar lawsuits filed by the SEC for allegedly selling unregistered securities.
ARC Powers, a former SEC enforcement attorney, told Fox Business that the agency is likely to appeal the decision. He noted that SEC Chairman Gary Gensler has a strong stance on regulating the crypto industry, which he and other officials see as a largely unregulated $2 trillion market. The appeal would represent an effort by the SEC to reassert its authority over the industry.
One of the most significant points of contention in the decision is its impact on the disclosure requirements that form the basis of U.S. securities law. Traditionally, companies that issue securities must provide comprehensive information to investors to help them make informed decisions. Some legal experts argue that Judge Torres’ decision undermines this important requirement and raises questions about how crypto firms will be regulated going forward.
*This is not investment advice.