šØ HEREāS WHATāS EXACTLY HAPPENING WITH RIPPLE, SEC, AND THE NEVER-ENDING LAWSUIT šØ
The ongoing legal battle between the U.S. Securities and Exchange Commission (SEC) and Ripple saw a new development recently. Judge Analisa Torres rejected a joint motion from both parties seeking an indicative ruling. The court emphasized that even if jurisdiction were returned, the motion would still be denied as āprocedurally improper.ā
Within the crypto community, many believe the SEC canāt win this case unless it admits it was wrong about XRPās classification as a security. Attorney John Deaton stated clearly that without such an admission, thereās no chance of overturning the earlier decision. Judge Torres has already ruled that XRP is not a security when sold to the general public.
However, legal analyst Marc Fagel offers a nuanced perspective. While the court did rule Rippleās programmatic sales of XRP were not securities transactions, it found Ripple liable for selling unregistered securities to institutional investors, resulting in a $125 million penalty. This makes the SECās position complicated ā to reverse course now, theyād need a strong reason beyond political pressure because it would require challenging the courtās previous ruling.
Fagel noted, āThe court found Rippleās violation warranted an injunction and a $125 million penalty. Now, the parties, including the SEC, must explain why the courtās decision was wrong.ā
Rippleās Chief Legal Officer, Stuart Alderoty, clarified that the latest order does not affect Rippleās prior victories, particularly the ruling that XRP is not a security. He said the current ruling focuses on procedural matters concerning the dismissal of Rippleās cross-appeal, not the caseās substance. Both Ripple and the SEC remain committed to fully resolving the dispute and plan to revisit these issues in court.
For now, both sides appear intent on a resolution, but the longer the lawsuit drags on, the more it risks harming the SECās credibility ā at least among cryptocurrency advocates