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XRP is Not A Security - Ripple’s Partial Victory over SEC

By ShonSpeaks

In a historic decision, a U.S. District Judge gave a resounding nod to Ripple Labs Inc., establishing that the company's trading of its XRP token on public platforms did not infringe upon federal securities law. Thursday's verdict sent shockwaves through the cryptocurrency cosmos, propelling the value of XRP to skyrocket by a staggering 75% in late afternoon trading, according to data from Refinitiv Eikon.

This decision, made by U.S. District Judge Analisa Torres, marks the first victory of its kind for a crypto enterprise against the U.S. Securities and Exchange Commission (SEC). The decision did, however, yield a partial triumph for the SEC, setting a precedent for future legal scenarios in the fast-evolving crypto landscape.


The specifics of the judgement are likely to serve as valuable tools for other crypto firms in their own battles with the SEC over the jurisdiction of their offerings. An SEC representative acknowledged some satisfaction with the part of the ruling that found Ripple to be in violation of federal securities law for the direct sale of XRP to sophisticated investors.


As the dust settles on this groundbreaking decision, it is not out of the question that an appeal could be made, either following a final judgement or with the Judge's permission before then. The SEC is reportedly reviewing the judgement.


In an interview, Ripple Chief Executive Brad Garlinghouse hailed the ruling as "a tremendous victory for Ripple, and even more so for the U.S. industry overall." He was not alone in his jubilation; Coinbase, the U.S.'s largest crypto exchange, announced they would once again permit XRP trading on their platform.


Paul Grewal, Coinbase's Chief Legal Officer, voiced his support for the decision on Twitter, stating, "We've carefully examined Judge Torres' insightful decision and our analysis. It's time to relist."

Ripple had been under the SEC's scrutiny for supposedly conducting an unregistered $1.3 billion securities offering by selling XRP, a cryptocurrency created by Ripple's founders in 2012. The case has been the focus of the crypto world, which has disputed the SEC's claims that most crypto tokens fall under its strict investor protection rules.

In her ruling, Judge Torres made the pivotal determination that Ripple's XRP sales on public cryptocurrency exchanges did not constitute offers of securities under the law. She reasoned that buyers did not have a reasonable expectation of profit linked to Ripple's efforts, dubbing these transactions as "blind bid/ask."


However, Ripple's direct sales of XRP to hedge funds and other sophisticated buyers were classified as unregistered securities sales by Judge Torres. The company's marketing strategy aimed at institutional investors demonstrated that Ripple was "selling a speculative value proposition for XRP," which was contingent on the company's efforts to bolster the blockchain framework supporting the digital asset.

The trial is yet to determine if Garlinghouse and co-founder, former CEO Chris Larsen, abetted the company's violation of law. The ruling also precludes the defendants from claiming a lack of "fair notice" that XRP was a cryptocurrency at trial.

The verdict will undoubtedly shape Coinbase's defense in its own case against the SEC. Gary DeWaal, an attorney at Katten Muchin Rosenman, voiced his belief that this ruling represented a "tremendous event for the industry."


In the face of this revolutionary ruling, new voices have arisen to call for legislation that will provide clear rules for tokens. U.S. House of Representatives Majority Whip Tom Emmer, a Republican, took to Twitter to support the judgement, urging, "Now, let's make it law."


About the Blogger

La Shon Y. Fleming Bruce a/k/a SHONSPEAKS is a blogger, thought leader, mental wealth coach , a certified brain health specialist, a speaker, and lead creator of  https://shonspeaks.org    I am also a lawyer and managing member of The Fleming-Bruce Law Firm, P.L.L.C. whose practice areas focus on divorce, custody, probate, car accidents, and bankruptcy.


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