SEC Fights Ripple With New Memorandum In The Lawsuit

Key Points:

• The SEC seeks an appeal in the Ripple case over XRP sales, citing the need for court intervention on securities law violations.
• Ripple contests the appeal, disputing the basis of the court’s ruling regarding XRP sales to different investor groups.
• The ongoing legal battle leaves XRP and its investors in a state of uncertainty.

In a continuation of the ongoing legal battle between the United States Securities and Exchange Commission (SEC) and Ripple Labs, the SEC filed a 20-page reply memorandum of law on Friday, supporting its motion to certify an interlocutory appeal in the Ripple (XRP) case.

At the heart of the matter is whether Ripple violated securities laws by offering XRP to retail investors through cryptocurrency exchanges. The SEC firmly argues that this issue warrants intervention by an appeals court, countering the company’s assertion that the SEC’s case for an appeal lacked merit.

The SEC’s move appears to be aimed at expediting the resolution of the case, asserting that Ripple is attempting to prolong proceedings to continue XRP sales. Judge Analisa Torres ruled in July that Ripple had violated federal securities laws concerning institutional investors but not retail investors.

The SEC’s appeal requests a stay on the entire case to conserve court resources. They insist that the company misrepresents the basis of the ruling, emphasizing that the court’s decision was founded on undisputed facts.

In response to Ripple’s opposition, the SEC argues that seeking an interlocutory review of whether XRP constitutes a “security” is consistent with past legal precedents. They also cite Judge Jed Rakoff’s differing judgment in a separate SEC case as a point of contention.

Despite having lost the initial judgment, the SEC’s persistence in seeking an interlocutory appeal has raised questions about the regulatory authority’s motives in the eyes of some observers, especially considering the potential impact on XRP investors.

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