Based on statements by Dennis Kelleher, the CEO of Better Markets, there\u2019s insight into the potential winner in a hypothetical appeal between Ripple and the US Securities and Exchange Commission (SEC). Despite both parties not presently considering an appeal, it remains a likelihood.<\/p>\n
In a recent post on X (formerly Twitter), Kelleher indicated that the SEC has a favorable 90% probability of winning an appeal in the ongoing legal dispute with Ripple. He critiqued Judge Analisa Torres\u2019 ruling from last year, suggesting a misinterpretation of the law regarding the protection of institutional versus retail investors under securities laws.<\/p>\n
Referring specifically to Torres\u2019 judgment that considered Ripple\u2019s institutional XRP sales as investment contracts while excluding programmatic sales, this stands as a pivotal point for a potential SEC appeal, as it contradicts the Commission\u2019s stance on XRP classification.<\/p>\n
On the other side, Ripple\u2019s Chief Legal Officer, Stuart Alderoty, remains confident in the company\u2019s stance if faced with an appeal from the SEC. Alderoty believes the SEC stands a mere 10% chance of success in an appeal. Ripple has indicated its willingness to pay the $125 million penalty imposed by Judge Torres for violating securities laws.<\/p>\n
Alderoty discouraged the SEC from pursuing an appeal, emphasizing that Ripple is inclined to abide by the court\u2019s decisions and focus on their operational continuity.<\/p>\n
<\/p>\n
Contrary to claims asserting rejections of Judge Torres\u2019 rulings by other judges, the stance was echoed by Judge Amy Berman Jackson in a case involving Binance US and the SEC. Jackson upheld Torres\u2019 approach, dismissing the SEC\u2019s argument on Binance Coin secondary sales and crypto as securities.<\/p>\n
Both judges referenced the Howey Test to clarify that cryptocurrency tokens\u2019 classification as securities centered on the manner of their distribution. Torres\u2019 categorization of Ripple\u2019s XRP sales to institutional investors as investment contracts was tied to their expected gains, distinct from retail investors\u2019 secondary purchases.<\/p>\n
Cover image credits: Dall-E, chart credits: Tradingview<\/p>\n","protected":false},"excerpt":{"rendered":"
Based on statements by Dennis Kelleher, the CEO of Better Markets, there\u2019s insight into the potential winner in a hypothetical appeal between Ripple and the US Securities and Exchange Commission (SEC). Despite both parties not presently considering an appeal, it remains a likelihood. Predictions Favor the SEC\u2019s Chances In a recent post on X (formerly […]<\/p>\n","protected":false},"author":1,"featured_media":17682,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"slim_seo":{"title":"Analyzing the Ripple Vs. SEC Lawsuit Outcome Forecast - Bitrabo","description":"Based on statements by Dennis Kelleher, the CEO of Better Markets, there's insight into the potential winner in a hypothetical appeal between Ripple and the US"},"footnotes":""},"categories":[316],"tags":[2176,1378,747,7429,496,6793,749,575,520,6394,3408],"class_list":["post-17681","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-crypto-news","tag-appeal","tag-expert","tag-lawsuit","tag-likely-winner","tag-market","tag-market-expert","tag-reveals","tag-ripple","tag-sec","tag-sec-lawsuit","tag-winner"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.bitrabo.com\/discover\/wp-json\/wp\/v2\/posts\/17681","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bitrabo.com\/discover\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bitrabo.com\/discover\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bitrabo.com\/discover\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bitrabo.com\/discover\/wp-json\/wp\/v2\/comments?post=17681"}],"version-history":[{"count":0,"href":"https:\/\/www.bitrabo.com\/discover\/wp-json\/wp\/v2\/posts\/17681\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.bitrabo.com\/discover\/wp-json\/wp\/v2\/media\/17682"}],"wp:attachment":[{"href":"https:\/\/www.bitrabo.com\/discover\/wp-json\/wp\/v2\/media?parent=17681"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bitrabo.com\/discover\/wp-json\/wp\/v2\/categories?post=17681"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bitrabo.com\/discover\/wp-json\/wp\/v2\/tags?post=17681"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}