The U.S. Securities and Exchange Commission (SEC) is considering the possibility of appealing a recent ruling on the Ripple Labs lawsuit, which declared XRP as not being a security when sold to retail investors. The SEC argues that the ruling contradicts fundamental securities laws principles, particularly the Howey Test, which determines whether an investment contract exists.
The SEC’s latest comments on the Ripple Labs lawsuit were made in a separate case against Terraform Labs and its founder, Do Kwon, over alleged involvement in a multi-billion dollar crypto asset securities fraud.
In their response to Terraform Labs’ motion to dismiss, which referenced the precedent-setting Ripple Labs ruling, the SEC highlighted several concerns they hold against the court’s decision on XRP. The SEC stated that while certain aspects of the Ripple ruling support their claims in this case and reject the defendants’ arguments, they believe that Ripple conflicts with and adds baseless requirements to the Howey Test for Programmatic and other sales.
The SEC staff is evaluating different avenues for further review and intends to recommend seeking such review to address the perceived inconsistencies in the Ripple ruling.
These statements from the SEC come shortly after SEC Chair Gary Gensler expressed disappointment over the court’s classification of XRP as not being a security when sold to retail investors. While he was pleased with the court recognizing the token as a security for institutional investors, he expressed concern over the other aspect related to retail investors. Gensler emphasized that they are still assessing the matter and considering their options.
During a talk on artificial intelligence at the National Press Club, Gensler faced questions about the urgent need for clear regulations for the industry due to court rulings like the one involving XRP. However, he did not provide a definitive answer on this matter.
The controversy surrounding XRP’s security status and the SEC’s potential appeal indicate ongoing debates within the regulatory landscape. As the industry evolves, clarity in regulations becomes increasingly crucial to ensure investor protection and foster innovation in the cryptocurrency market. The outcome of the Ripple Labs lawsuit and the SEC’s actions in response will likely have significant implications for the broader crypto space moving forward.
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