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Ripple vs. SEC Lawsuit Update: SEC’s Marc Fagel Skeptical on Request for Interlocutory Appeal

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Qadir AK

In the ongoing legal battle between Ripple and the U.S. Securities and Exchange Commission (SEC), a recent development has cast a shadow of uncertainty. The SEC’s request for court approval to challenge a pivotal ruling in the XRP case has ignited a spirited discussion within the cryptocurrency community.

SEC’s Controversial Appeal Request in Ripple Case

The SEC’s move aims to temporarily suspend proceedings until a final decision is reached. Their argument is centered on the court’s prior judgment that XRP retail sales do not fit the definition of an investment contract. 

Interestingly, this appeal request appears to contradict SEC Chairman Gary Gensler’s earlier position that the digital assets industry required no further regulation beyond the existing framework.

XRP Community Reacts Promptly

Unsurprisingly, the XRP community has responded swiftly. Supporters and skeptics alike have engaged in a lively conversation, examining the potential consequences of the SEC’s appeal request.

One XRP supporter took to Twitter to indirectly question the possibility of the SEC’s request for an interlocutory appeal being approved. This supporter emphasized the case’s significance for the entire industry, noting novel legal aspects and conflicting court rulings as pivotal elements.

Notably, Marc Fagel, an ex-SEC official and legal expert with a deep understanding of securities law enforcement, entered the discussion. He acknowledged the importance of the legal complexities surrounding this case but cautioned about the formidable requirements for interlocutory appeals.

Fagel expressed doubts regarding the likelihood of the SEC’s appeal request being granted unless the court determined that the raised concerns were indeed valid.

Another member of the XRP community chimed in, indirectly questioning the uniqueness of the legal challenges at hand. This individual suggested that the SEC’s enforcement actions might not be as successful as proclaimed.

In response, Fagel highlighted the SEC’s track record of achievements in cryptocurrency enforcement actions. He underscored that while the SEC faced substantial hurdles ahead, especially in cases involving cryptocurrency exchanges, characterizing the mixed ruling in a single case as indicative of an overall losing trend could be an overstatement

As the Ripple vs. SEC saga unfolds, the cryptocurrency world watches closely. The outcome of the SEC’s appeal request could have extensive ramifications, not only for XRP but also for the broader digital asset landscape.

Qadir AK

Qadir Ak is the founder of Coinpedia. He has over a decade of experience writing about technology and has been covering the blockchain and cryptocurrency space since 2010. He has also interviewed a few prominent experts within the cryptocurrency space.

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