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The Reply Memorandum allows the SEC to respond to the Ripple opposition filing to the SEC’s motion for interlocutory appeal.
Certain sections of the Reply Memorandum raised eyebrows. While justifying the appropriateness of an interlocutory appeal, the SEC stated an interlocutory appeal was necessary to address the Defendants’ intentions to prolong the case “so that they may continue selling XRP into public markets.”
The SEC referred to Judge Torres’ ruling on Programmatic Sales, noting the Court’s order on summary judgment presented “knotty legal problems”.
Ripple Chief Legal Officer Stuart Alderoty reacted to the SEC’s arguments, saying,
“Another SEC filing, another hypocritical pivot… After years of its chairman saying the “rules are clear and must be obeyed” the SEC now cries that an appeal is urgently needed to resolve these “knotty legal problems.”
Investors must now await Judge Torres’s ruling on the SEC’s motion for interlocutory appeal. Legal experts expect the appeal process to take one to two years, during which time, as per the SEC’s request, the Court would pause the ongoing SEC v Ripple case.
Coinbase and Ripple Are Pivotal Cases for the US Crypto Market
The crypto market now has two pending Court rulings that could materially alter the US crypto landscape.
A Judge Failla ruling on the Coinbase (COIN) motion to dismiss (MTD) could prove pivotal. The SEC alleges Coinbase operates as an unregistered securities exchange, broker, and clearing agent.
Should Judge Failla, the presiding Judge in the SEC v Coinbase case, grant the MTD, the SEC will face a second ruling that offers judicial clarity on whether cryptos are securities.
In April, SEC Chair Gary Gensler categorized all cryptos, except BTC, as securities. At the time, Ripple CLO Alderoty reacted to the statement, saying that Gensler should recuse himself from involvement in enforcement cases that question the classification of cryptos “since he has prejudged the outcome.”
A favorable ruling on the Coinbase MTD and Judge Torres denying the SEC’s motion for interlocutory appeal could raise questions over the SEC’s oversight of the crypto market. Judicial rulings that do not classify cryptos as securities may also force US lawmakers to hastily address the regulatory gap that plagues the US digital asset space.
XRP Price Action
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