Crypto : The SEC is going all out against Ripple !

A new twist in the Ripple versus SEC case has shaken the community. Amidst the legal battle, the Securities and Exchange Commission (SEC) has filed a last-minute appeal, thus reigniting a trial that could well define the future of cryptos in the United States. Since Judge Analisa Torres’ historic decision in July 2023, the question of whether XRP sales should be considered securities remains at the heart of the debates. The timing and arguments put forward by the SEC in this appeal have caught market players off guard, as well as the XRP community, which sees it as a desperate attempt at regulation through repression.

The SEC’s appeal, a last legal gasp

In an unexpected turn of events, the SEC has filed a last-minute appeal and is focusing its action on specific points of the July 2023 decision. Indeed, while the agency no longer contests that sales of XRP to individuals on exchange platforms do not constitute securities, it attacks the court’s conclusions regarding institutional sales and non-monetary counterparty transactions. According to the SEC’s filed dossier, sales of XRP to large institutional investors would infringe upon securities laws, which previously resulted in a $125 million fine for Ripple earlier in the case.

Ripple, for its part, has also filed a cross-appeal, aiming to contest other aspects of the initial ruling. Stuart Alderoty, Ripple’s chief legal officer, stated that “the SEC’s attempt to appeal will backfire.” He highlights that the decision on sales of XRP to individuals “remains intact.” The SEC’s objective is clear: to redefine the contours of securities laws application in the crypto world.

Reactions and potential consequences for the industry

Faced with this appeal, the XRP community and crypto advocates reacted quickly. Many say they are outraged by the timing of the appeal filing. Thus, they point out that the SEC exceeded the required 14-day time limit to submit its official request. Some XRP community members even expressed their frustrations on social media. They accuse the SEC of “stalling tactics.” Moreover, Ripple swiftly explained that the key decision on non-qualification of XRP sales to individuals as securities was not contested, which strengthens the company’s confidence in a favorable outcome.

Beyond Ripple, this case could set a legal precedent for the entire crypto industry in the United States. If the appeals court were to rule in favor of the SEC on certain points, it could pave the way for stricter regulation of institutional crypto sales. Conversely, a victory for Ripple would solidify the position of companies in the sector in their fight against excessive regulation. In any case, the coming months will be decisive in determining the future contours of U.S. crypto legislation. This case, far from being a mere isolated conflict, is becoming a major episode for the future of regulations in the crypto sphere.

The outcome of this appeal could redefine the future of Ripple, but also the entire legal framework surrounding cryptos in the United States. If the SEC succeeds in obtaining a favorable review, it could increase regulatory pressure on companies in the sector, particularly those engaged in institutional sales. Conversely, another victory for Ripple would strengthen the position of crypto actors against authorities, halting the SEC’s attempts to classify cryptos as securities. In this significant legal battle, the whole industry is closely watching the upcoming developments that could influence the future regulation of these assets well beyond American borders.