September 22, 2023

A preferred authorized skilled believes that Ripple may agree with the SEC’s request to attraction a current ruling within the ongoing lawsuit between the 2 entities.

James Murphy, who is thought by the web moniker MetaLawMan, mentioned that Ripple may select to agree that the SEC has “substantial grounds for distinction of opinion” on the ruling, which might enable the SEC to attraction the choice to the Second Circuit Court docket of Appeals.

Learn Additionally: Simply In: SEC Says Ripple and XRP Victory Is Fallacious, Set To Attraction: Particulars

Murphy noted that this is able to be a strategic transfer for Ripple, as it could enable the corporate to get a ruling from the next courtroom on the problem of whether or not XRP is a safety or not.

“If the Second Circuit reverses the SEC’s win on institutional gross sales, then there could be no want for a trial or a penalty section,” Murphy mentioned.

Nonetheless, Murphy additionally acknowledged that it’s doable that Ripple may select to oppose the SEC’s attraction request. On this case, Ripple would argue that Choose Analisa Torres received it proper in her abstract judgment determination and that an attraction could be a waste of time.

SEC’s Attraction Request: What You Have to Know

The SEC filed its request for an interlocutory attraction on July 20, 2023. The company is in search of to attraction the ruling that discovered that Ripple’s previous direct gross sales of XRP to institutional buyers weren’t securities choices.

The SEC argues that Choose Torres’s ruling was “clearly faulty” and that it “upsets settled regulation.” The company additionally claims that the ruling can have “far-reaching implications” for the regulation of digital belongings.

Ripple has till August 16, 2023, to answer the SEC’s attraction request. The corporate has not but introduced its plans for a response.

Learn Additionally: Gensler Silent on XRP Ruling Attraction, Says SEC is Nonetheless Deliberating on Abstract Judgment

Potential Implications of Ripple’s Response

If Ripple agrees to the SEC’s attraction request, the case will probably be despatched to the Second Circuit Court docket of Appeals for a listening to. The appeals courtroom will then resolve whether or not to uphold or overturn Choose Torres’s ruling.

If Ripple opposes the SEC’s attraction request, the case will proceed to trial. The trial will give attention to the problem of whether or not XRP is a safety.

The result of the SEC’s attraction request may have a big influence on the way forward for Ripple and the regulation of digital belongings. If the SEC is profitable in overturning Choose Torres’s ruling, it may pave the way in which for extra aggressive enforcement actions in opposition to cryptocurrencies and associated corporations.

It stays to be seen what Ripple will resolve to do, however the SEC’s attraction request has actually raised the stakes within the ongoing lawsuit.

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