Ripple Lawsuit: Why the SEC is Unlikely to Miss January 15
Deadline
The countdown is on for the SEC’s deadline to file its appeal in
the Ripple case, with January 15, 2025, being the critical date.
This follows Judge Torres’ decision that XRP itself is not a
security, while specific sales may fall under different
classifications based on their contractual context. Speculation
is rife about potential strategic delays or last-minute filings as
SEC Chair Gary Gensler approaches the end of his tenure on
January 20.
Former SEC attorney Marc Fagel has weighed in on the matter,
emphasizing that it is exceedingly rare for federal lawyers to
miss filing deadlines. Drawing on three decades of litigation
experience, Fagel noted that last-minute filings are standard
practice but outright missed deadlines are virtually unheard of. Regarding the Ripple appeal, Fagel projected that any decision
could take 10–12 months, though a shift in SEC leadership
could bring unexpected changes. A dismissal under a more
crypto-friendly administration is unlikely but remains a
possibility, given the evolving regulatory landscape.
Fagel also discussed the implications of a dismissal, suggesting that while it would leave the district court’s ruling intact,
broader legal clarity could come from a Second Circuit Court
decision. This clarity would benefit not only Ripple but the
entire crypto industry, providing much-needed guidance on the classification of digital assets.
With Washington’s regulatory environment shifting toward a
more pro-crypto stance, the Ripple case remains pivotal for the future of digital assets. As the SEC prepares for its next move,
the case highlights the growing momentum of crypto advocates and the potential for long-term positive change in the industry.
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