News
  • Debashree Patra
    author-profile

    Debashree Patra right arrow

    Author

    Fun-loving and cheerful, a passionate blockchain and crypto writer who knows no boundaryโ€ฆconnect if you share the same passion. With 10+ years of writing experience, I am a Crypto Journalist by chance, exploring, and learning all the dynamics of the sci-fi action-filled crypto world. Currently, focusing on cryptocurrency news and price data. With a passion for research and challenging my capabilities, I am slowly getting into the crypto arena to bring new insights every day.

    • 2 minutes read

    Ripple vs SEC Heats Up: Howey Test Challenged in Landmark Crypto Case

    Story Highlights
    • Ripple's legal battle with the SEC hinges on the Howey Test, which defines investment contracts under securities law.

    • Critics argue the SEC is misinterpreting the Howey Test by broadly applying it to cryptocurrencies.

    • This uncertainty could affect the price of Ripple's XRP token.

    The clash between Ripple and the SEC has intensified, drawing attention to a crucial legal concept – the Howey test. This test holds the key to whether Ripple’s XRP token is classified as a security, a designation with major regulatory implications. Fresh insights have emerged, revealing a potential crack in the SEC’s case.

    Could this be the turning point for Ripple? Read on to find out the latest developments and what they mean for the future of XRP.

    Understanding Judge Torres’ Critique

    Ripple’s Chief Legal Officer, Stuart Alderoty, made a bold move by unveiling Judge Analisa Torres’ critique of the SEC’s use of the Howey test on cryptocurrencies. This test, a legal benchmark, determines if a transaction qualifies as an “investment contract.”

    During a spirited exchange, Alderoty stressed Judge Torres’ viewpoint, noting her observation that the SEC’s broad interpretation of the Howey test strays from its original intent. Torres highlighted inconsistencies where promoters made explicit promises to investors about a specific business venture.

    This revelation follows a recent ruling involving Coinbase. U.S. District Judge Katherine Polk Failla allowed the SEC’s lawsuit against Coinbase to proceed, though Coinbase achieved some victories within the case.

    Read More: Ripple vs. SEC: Key April Dates to Watch for the XRP Lawsuit

    What About Failla’s Ruling?

    Alderoty further dissected Failla’s ruling, focusing on a section discussing different interpretations of a crypto “ecosystem.” He highlighted the SEC’s claim that purchasing any token implies investing in an undefined “ecosystem,” regardless of the buyer’s intentions.

    Interestingly, this mirrors Judge Torres’ sentiments in the Ripple-SEC case. Torres meticulously reviewed the evidence, concluding that the SEC had strayed from the original intent of the Howey test. This was especially evident when marketers refrained from making explicit promises about a specific business venture.

    Speculation and Insight

    In a thought-provoking post, Ernesto Kapiris raised doubts about whether the SEC could change its stance and appeal on XRP’s security status, despite its previous declaration against appealing. Ripple may have a strong case if the SEC shifts its position and appeals in the future.

    Bill Morgan proposed an intriguing perspective in response to Kapiris. The SEC might not be aiming to challenge the classification of cryptocurrencies like XRP as securities. Instead, they could seek a broader ruling stating that while cryptocurrencies themselves aren’t securities, any transaction involving them constitutes an investment contract.

    Experts suggest that this uncertainty could impact the XRP price trajectory in the coming days.

    Also Read: Ripple CTO Busts Top XRP Price Myths: Hereโ€™s Everything You Need to Know!

    Show More

    Related Articles

    Back to top button