2 Outcomes: Ripple's Legal Chief Reveals Best SEC Can Hope for in XRP Appeal
Ripple’s chief legal officer has highlighted two potential outcomes for the U.S. Securities and Exchange Commission (SEC)’s appeal in the Ripple lawsuit over XRP. He explained the SEC’s best-case scenario and noted that Ripple’s Fair Notice defense remains solid. The Ripple legal chief also reaffirmed XRP’s non-security status despite the appeal.
2 Outcomes: Ripple’s Stuart Alderoty Weighs In on SEC Appeal
Ripple’s chief legal officer, Stuart Alderoty, shared his perspective on the ongoing legal battle between Ripple and the U.S. Securities and Exchange Commission (SEC) in a post on social media platform X on Sunday.
Alderoty emphasized that the outcome of the SEC’s appeal is likely limited to two possibilities: either the Second Circuit Court of Appeals will affirm District Judge Analisa Torres’ ruling, or it will expand upon it. He detailed:
The 2nd Cir. will either affirm Judge Torres or expand her ruling. The best the SEC can hope for (and it’s a remote hope) is a remand.
Alderoty further pointed out: “But during the SEC’s failed ‘interlocutory’ appeal, Judge Torres made it clear that ‘Howey’ and all of Ripple’s defenses, including Fair Notice, would then be back on the table. The Fair Notice standard asks if a person of ‘ordinary intelligence’ was aware of what the law prohibited.”
The Ripple chief legal officer continued:
The SEC could end up arguing to Judge Torres that she wasn’t a person of ‘ordinary intelligence’ when she ruled against them. Awkward.
In an imaginative comparison, Alderoty likened the ongoing legal saga between the SEC and Ripple to classic stories, saying the case has always felt like “Moby Dick (with [SEC Chair Gary] Gensler starring as Captain Ahab),” but now feels more like “Moby Dick meets My Cousin Vinny.”
Alderoty recently stressed that the court ruling declaring XRP not a security in retail sales remains intact, despite the SEC’s appeal. The agency is contesting several other elements of the July 2023 decision by Judge Torres. In response, Ripple plans to file a cross-appeal. This high-profile legal battle could have significant implications for future cryptocurrency regulations and the classification of digital assets like XRP.
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