SEC is considering an appeal against Ripple judgment, since it is said to be violating securities law

SEC is considering an appeal against Ripple judgment, since it is said to be violating securities law

As mentioned in a previous article, the US stock exchange supervision SEC recently lost its procedure against Ripple Labs. The responsible judge came to the conclusion that XRP cannot be classified as security when selling to private investors. However, the SEC does not agree with this decision and has now announced that it may be appealing.

The reasoning of the SEC is based on the fact that the judgment violates fundamental principles of securities law, especially against the so-called Howey test. This test determines what is considered an investment contract and is thus regarded as a security.

The SEC continues to argue that the Ripple judgment was decided incorrectly and that the court did not apply the Howey test properly. The authority also refers to John e Deaton's tweet, in which he asks whether a strict application of the Howey test in 2023 is compatible with the political implications of 1934.

In addition to the procedure against Ripple Labs, the SEC was also listened to in a separate lawsuit against Terraform Labs and its founder Do Kwon due to alleged orchestration of a multi-billion dollar fraud with cryptocurrencies. In its response to the rejection application of Terraform Labs, the SEC referred to the Ripple judgment and emphasized that many aspects of the judgment support their perspective and reject the defendant's arguments. The SEC plans to convince the court of an appeal.

The new statements of the SEC come only a few days after the chairman of the authority, Gary Gensler, has expressed his disappointment that the Court does not see XRP as a securities when it is sold to private ceremony. In an interview, Gensler stated that the court found that cryptocurrencies are considered to be security for institutional investors, but another aspect in relation to smaller investors is unsatisfactory. The SEC is currently examining the situation and is considering an appeal.

It remains to be seen whether the SEC will actually appeal and whether the court will position itself differently in this case. In any case, the judgment in the procedure against Ripple Labs and the development in recent weeks has drawn attention to the regulation of cryptocurrencies and possibly an impact on future decisions and regulations in this area.

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