XRPâs value dropped over 10% on Thursday after the SEC filed an appeal against the courtâs decision in its lawsuit against Ripple. This follows Judge Analisa Torresâs final ruling on Aug. 7, imposing a $125m penalty on Ripple, far less than the SECâs initial $2b demand.
The court ruled that Rippleâs XRP sales to institutional investors were securities transactions, resulting in the penalty. However, Judge Torres said that these sales were neither fraudulent nor malicious, with no fraud claims or financial harm shown.
Further, the ruling clarified that while certain XRP transactions are considered securities, XRP itself is not inherently a security, providing key regulatory guidance for Ripple and the broader industry.
SEC Appeal Aims for XRP to Be Classified as Security Across All Transactions
The SEC appealed to the Second Circuit Court of Appeals, indicating its intent to challenge the ruling on several grounds. Central to the SECâs appeal is its belief that the district courtâs decision conflicts with long-standing Supreme Court precedents and established securities laws.
According to the SEC, XRP should be classified as a security in all sales, whether institutional or retail. It argues that XRPâs classification shouldnât differ based on the transaction type.
Rippleâs CLO Says SEC Appeal is âEmbarrassingâ
Rippleâs chief legal officer Stuart Alderoty said on X that the SECâs appeal was âdisappointing, but not surprising.â
âThis just prolongs whatâs already a complete embarrassment for the agency. The Court already rejected the SECâs suggestion that Ripple acted recklessly, and there were no allegations of fraud and, of course, there were no victims or losses,â he said.
Meanwhile, Ripple CEO Brad Garlinghouse said the company is prepared to defend its position in court for as long as necessary.
âLetâs be clear: XRPâs status as a non-security is the law of the land today â and that does not change even in the face of this misguided â and infuriating â appeal,â he said.
If Gensler and the SEC were rational, they would have moved on from this case long ago. It certainly hasnât protected investors and instead has damaged the credibility and reputation of the SEC.
Somehow, they still haven't gotten the message: they lost on everything thatâŠÂ https://t.co/1hW7xVSL9bâ Brad Garlinghouse (@bgarlinghouse) October 2, 2024
Garlinghouse discussed the lawsuit last month at KBW2024 in Seoul, South Korea. He said he was uncertain about whether the SEC would appeal, yet he maintained that there was no viable way for the regulator to overturn the fundamental decision that âXRP is not, in and of itself, a security.â
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