• Judge Torres’ decision in the Ripple vs. SEC case defines the scope of the case.

  • The SEC argues that Ripple sold XRP as a security, while Ripple claims XRP is a currency and not a security.

  • Some of the expert evidence presented by Ripple was excluded from the case.

Bill Morgan, a lawyer, sports fanatic, and digital asset enthusiast, recently tweeted about the ongoing Ripple vs. SEC case, which has been making headlines in cryptocurrency. In his tweet, Morgan referenced Judge Torres’ decision in the Daubert motion and highlighted the critical issue: whether Ripple sold XRP as a security.

Judge Torres made it very clear in the Daubert motion decision that the issue she must decide is whether Ripple sold XRP as a security despite the SEC taking broader positions at times in this litigation that seemed to suggest any sale of XRP was an investment contract or /1 https://t.co/HL1mclv8Xg pic.twitter.com/BrcHGAQlG9

— bill morgan (@Belisarius2020) May 8, 2023

The decision has raised questions about the SEC’s broader position on XRP and its impact on XRP investors and ODL (On-Demand Liquidity) customers. Judge Torres’ ruling is significant because it defines the scope of the case and the evidence that can be presented.

The SEC argues that Ripple sold XRP as an investment contract or security and violated securities laws. Ripple, on the other hand, argues that XRP is a currency and not a security. The case has been ongoing for several years, with both parties presenting expert evidence to support their respective positions.

However, Judge Torres’ decision has excluded some of the expert evidence presented by Ripple, which could have been relevant to the broader issue of whether XRP is a security. This has led to questions about how Judge Torres will decide on the narrower issue of whether Ripple sold XRP as a security.

Moreover, the decision raises questions about the SEC’s broader position on XRP and whether it can argue that Ripple’s distribution of XRP through statutory underwriters constitutes a single, continuous offering. This could have implications for XRP investors and ODL customers, who may be affected by the case outcome.

In conclusion, Judge Torres’ decision in the Ripple vs. SEC case has significant implications for XRP investors and ODL customers. The decision defines the scope of the case and the evidence that can be presented. It also raises questions about the SEC’s broader position on XRP and its impact on the cryptocurrency market.

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