- SEC’s appeal request denied by Judge Torres.
- Howey test controversy remains a central issue.
- XRP experiences a 5% price rally post-announcement.
In the ongoing legal clash between the U.S. Securities and Exchange Commission (SEC) and Ripple, a prominent digital payment protocol and cryptocurrency (XRP), the SEC faced a setback. District Judge Analisa Torres dismissed the SEC’s bid for an interlocutory appeal, causing ripples of reactions within the cryptocurrency community and influencing XRP’s market position. Let’s delve into the intricacies of this development and its potential consequences in simpler terms.
A Closer Look at the Denied Appeal
Back on August 18th, the SEC filed a pre-motion requesting an interlocutory appeal against a prior court ruling. Initially, Judge Analisa Torres allowed the SEC to proceed with the appeal. However, Judge Torres ultimately denied the request. Her decision rested on the SEC’s failure to present substantial evidence justifying the appeal, asserting that it wouldn’t “significantly expedite the case’s final resolution.”
— James K. Filan 🇺🇸🇮🇪 (@FilanLaw) October 3, 2023
The Howey Test Dispute
A pivotal point of contention centered around the SEC’s argument that the court had wrongly applied the Howey test in this case. In rejecting the appeal, Judge Torres underscored that the Howey test was irrelevant in this specific context. She referenced a 2009 lawsuit to support her position, indicating that the circumstances surrounding the Howey test didn’t warrant consideration for an interlocutory appeal.
Judge Torres’s decision to reject the SEC’s appeal hinged on the absence of substantial legal disputes or uncertainties that would justify an appeal. This means the SEC couldn’t demonstrate a significant legal disagreement or ambiguity necessitating an appeal. While this presents a setback for the SEC, the legal battle is far from over, as a trial is scheduled for April 2024 to address outstanding issues.
Ripple’s attorney, John Deaton, correctly anticipated this outcome and believed that the SEC’s appeal request would be turned down. He speculated that this would allow Judge Torres to further clarify her rationale and make the case “appeal-proof.” Indeed, Judge Torres reiterated her reasoning and upheld the denial of the SEC’s appeal.
Following the announcement of the denied appeal, the price of XRP experienced a noticeable surge, rising by approximately 5%. Although the denied motion is a favorable development for Ripple and its supporters, the journey through the legal proceedings is far from complete. The upcoming 2024 trial will delve into unresolved matters and could still swing in favor of either party.
Disclaimer: Please note that the viewpoints and perspectives expressed by the author, as well as any individuals referenced in this article, are intended solely for informational purposes. They should not be construed as financial or investment advice. It’s important to acknowledge that investing in or trading cryptoassets carries inherent financial risks.