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Ripple vs. SEC: Unpacking Potential Scenarios in the Ongoing Legal Battle

Ripple’s Ongoing Legal Battle with SEC Captures Crypto Community’s Attention

The protracted legal clash between Ripple and the U.S. Securities and Exchange Commission (SEC) has been a central focus within the crypto community. Recent developments have only intensified this spotlight, as the SEC’s call for an interlocutory appeal prompts legal experts to delve into potential outcomes and the broader implications at play.

Possible Scenarios Explored

Drawing insights from legal authorities James “MetaLawMan” Murphy, Bryan Jacoutot, and Bill Morgan, a comprehensive analysis reveals several potential scenarios that could shape the trajectory of this high-stakes legal contest.

Ripple’s Response: Confidence in Judge Torres’ Decision

One option for Ripple is to contest the motion to certify the appeal, underpinned by its unwavering confidence in Judge Torres’ ruling. This stance signals Ripple’s belief that the decision aligns harmoniously with its legal stance, particularly regarding secondary market sales of XRP. Murphy identifies three key reasons why this is a likely approach.

Firstly, Ripple aims to avoid conceding that there are “substantial grounds for difference of opinion” on Judge Torres’ decision, a requirement for interlocutory appeal certification. Secondly, the potential for new crypto legislation by Congress could redefine XRP’s institutional sales as non-securities transactions. Lastly, a change in administration by 2025 might reshape the SEC’s approach to crypto enforcement actions, possibly leading to dismissal or settlement.

Ripple’s Strategic Calculations

MetaLawMan introduces the possibility of Ripple aligning with the SEC to permit an interlocutory appeal. In this scenario, Ripple recognizes the inevitability of appeals in this case. The crucial factor becomes the timing of the appeals process: immediate initiation or deferral until after the trial of Brad Garlinghouse and Chris Larsen.

Additionally, Ripple could opt for a cross-appeal on institutional sales while agreeing to the interlocutory appeal. The strategic rationale here is that if the 2nd Circuit reverses the SEC’s win on this claim, a trial on aiding and abetting institutional sales might become unnecessary.

Implications of Terraform Labs Case and Judge Torres’ Decision

Bryan Jacoutot highlights the Terraform Labs case, significantly influencing Judge Torres’ decision. The SEC’s citation of this case, where a judge rejected part of Judge Torres’ analysis, challenges the foundation of her ruling in the Ripple case. This dispute between the cases could make the current one ripe for an interlocutory appeal, potentially bringing the 2nd Circuit Court of Appeals into the picture.

Jacoutot further underscores the possibility of streamlining the appellate process if the interlocutory appeal is granted. This would expedite a definitive ruling on the validity of Judge Torres’ “blind bid/ask” Howey’s theory.

Ripple’s Path Forward Amidst Price Stagnation

As the legal saga continues, the price of XRP remains relatively stagnant, hovering at $0.6344. Ripple’s strategic choices in response to the SEC’s interlocutory appeal request could reshape the landscape of the entire crypto sector, impacting the company and the regulatory precedent that emerges from this high-stakes battle.


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