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Amicus Curiae attorney John E. Deaton remarked on the agency’s silence regarding the appeal:
“As Amici counsel and on behalf of 75K XRP holders, Hester Peirce, David Sachs, Bo Hines, Mark Uyeda, when Ripple?”
Deaton made the comments after another SEC vs. crypto case dismissal. On Friday, a Judge dismissed the SEC’s case against Richard J. Schuler, a.k.a Richard Heart, Hex, Pulsechain, and pulsex. However, unlike the SEC’s recent legal maneuvers, the judge ruled in favor of Richard Heart’s motion to dismiss the charges against him.
Despite these legal developments, XRP continues to face downward pressure. The token has fallen sharply from its January 16 high of $3.3999 as the SEC potentially awaits Paul Atkins’ confirmation before addressing the Ripple case.
Notably, XRP soared 45.85% in January 2024 in hopes of the SEC withdrawing its appeal and approving XRP-spot ETF applications. However, the lack of movement in the case left XRP down 29.31% in February 2024.
US Lawmakers Assess Digital Assets Under the Howey Test
As investors await updates on the Ripple case, US lawmakers are weighing in on whether cryptocurrencies qualify as securities. Senator Cynthia Lummis remarked on a recent Capitol Hill hearing, stating:
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