Judge Torres: SEC Fails to Justify Appeal in Ripple Lawsuit

Published 04/10/2023, 09:47
Updated 04/10/2023, 10:15
Judge Torres: SEC Fails to Justify Appeal in Ripple Lawsuit
XRP/USD
-

  • District Judge Analisa Torres has rejected the SEC’s motion for an interlocutory appeal in the ongoing case against Ripple.
  • The SEC failed to demonstrate that an appeal would advance the case, said Judge Torres.
  • The court said any further appeals “would likely prolong the action.”

The court rejected the U.S. Securities and Exchange Commission’s (SEC) motion to file an interlocutory appeal in its case against Ripple, the company that issued XRP.

On October 3, District Judge Analisa Torres denied the SEC’s motion and stated, “The SEC fails to meet its burden to demonstrate that an interlocutory appeal would materially advance the ultimate termination of the litigation.”

In July 2023, Judge Torres ruled that the programmatic sale of XRP wasn’t a violation of securities law, which led the SEC to file an interlocutory appeal challenging the court’s decision. The court mentioned that they used the Howey test, which is “the SEC’s legal standard.”

The court mentioned several factors behind the denial, such as that programmatic buyers could not have known if their payments of money went to Ripple, Ripple didn’t make any promises or offers to the programmatic buyers, and many programmatic buyers were entirely unaware of Ripple’s existence.

Furthermore, Judge Torris claimed that the SEC failed to provide evidence that Ripple’s promotional materials were distributed to programmatic buyers. Moreover, the SEC failed to provide evidence that programmatic buyers could parse through the documents to discern Ripple’s marketing campaign connecting XRP’s price to its own efforts.

Crypto lawyer John Deaton shared his enthusiasm for the ruling, and Brad Garlinghouse, CEO at Ripple, said, “I am not a lawyer, but it seems the court just told the SEC: You asked me to apply the “Howey” test, and I did.”

The filing said, “The SEC’s request for a stay is denied as moot.” However, the court stated that any party who disagreed with the court’s decision could file an interlocutory appeal, but that doing so “would instead likely prolong the action as it would be subject to multiple bites at the apple for appellate review.”

The post Judge Torres: SEC Fails to Justify Appeal in Ripple Lawsuit appeared first on Coin Edition.

Read more on Coin Edition

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.