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There’s been significant development in the ongoing SEC vs. Ripple lawsuit. Previously, Judge Torres ruled that XRP is not a security in itself, noting that the classification depends on the specific contract or arrangement. In her ruling, Judge Torres clarified that secondary market sales of XRP are not securities, though institutional sales are, due to the presence of clear contracts.
The next big question on everyone’s mind is whether the SEC will appeal this decision. According to attorney Jeremy Hogan, the SEC is likely to file its appeal by the January 15th deadline. Hogan, however, advises not to be overly concerned with the filing, saying that gary gensler
Hogan said that the SEC’s brief filing by January 15th won’t influence whether the case will be settled or dismissed. He likened the process to “a tale told by an idiot,” suggesting that the effort to file an appeal could ultimately be in vain.
Marc Fagel, a former SEC official, also weighed in on the situation, stating that the SEC is required to file the opening brief unless there’s a dramatic shift in leadership. Fagel clarified that the SEC’s legal team has no option but to proceed with the filing, despite any potential changes in direction.
Despite the potential for some last-minute actions from Gensler’s team, the crypto community remains hopeful. With pro-crypto individuals gaining influence in government, including the Trump administration and crypto advocates in Congress, there’s optimism that a more favorable regulatory environment is on the horizon.
As the deadline approaches, many are eagerly awaiting the outcome of the appeal and the future direction of the lawsuit. While uncertainty still looms, it seems clear that Ripple’s battle with the SEC is far from over.
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