Ripple

The U.S. SEC may appeal the ruling in the Ripple case before October 7

ChainCatcher news, according to foxbusiness, the U.S. Securities and Exchange Commission must decide by October 7 whether to challenge the ruling made by U.S. District Judge Analisa Torres in July 2023, which found that only some sales of XRP cryptocurrency by Ripple violated securities laws. This ruling has drawn criticism from securities lawyers and other federal judges.This ruling is considered a significant legal victory for the still-nascent cryptocurrency industry as it attempts to demonstrate that this emerging asset class does not violate U.S. securities laws as the SEC believes. It has also become a cornerstone of the legal strategies for other crypto entities, such as trading platforms Coinbase, Binance, and Kraken, which are currently being sued by the commission for allegedly selling unregistered securities.Former SEC enforcement lawyer Arc Powers stated in an interview with Fox Business that the SEC is likely to appeal, as the agency and its cryptocurrency skeptic chair Gary Gensler are determined to exert jurisdiction over this $2 trillion industry.Foxbusiness reports that disclosure is the cornerstone of U.S. securities law. When a company sells stock to raise funds and expand its business, it must file extensive paperwork to provide investors with the information they need to make informed decisions about purchasing the stock. Some legal experts argue that Judge Analisa Torres' ruling undermines this disclosure requirement.

Kraken and Ripple's Chief Legal Officers: Court Rules That Tokens Traded on Kraken Are Not Securities

ChainCatcher news, according to Bitcoin.com, Kraken's Chief Legal Officer Marco Santori recently commented on the ruling of the Northern District of California Federal Court. It is reported that Kraken sought to dismiss the lawsuit from the U.S. SEC, which claims that certain cryptocurrencies traded on the Kraken platform are considered securities; however, the court rejected Kraken's request.However, Santori stated: "As a legal matter, the Northern District of California Federal Court ruled that the tokens traded on Kraken are not securities, which is a significant victory for Kraken and for the principle of transparency and crypto users everywhere. This also confirms Kraken's long-standing position that the platform does not list securities."Additionally, Santori pointed out that the court criticized the SEC's definition of "crypto asset securities" as "not clear enough, to put it nicely, and confusing, to put it harshly," while also questioning the SEC's description of Kraken's request for a "written contract" for securities classification.Santori added: "Fundamentally, the court in the Kraken case made the same distinction as in the Ripple case: tokens are not securities, but the agreements made around the tokens may be securities."He further emphasized the broader implications for the crypto industry, warning that the SEC's enforcement-based regulatory approach could lead to "broad, expensive, and time-consuming discovery" for a large number of transactions. He urged Congress to establish a comprehensive market structure framework to ensure regulatory clarity and promote the development of blockchain technology.Ripple's Chief Legal Officer Stuart Alderoty, commenting on Santori's remarks, stated: "Another court, this time in the Kraken case, confirms that there is no such thing as 'crypto asset securities.' This is bad news for the SEC, as its entire enforcement regulatory strategy is built on this failed premise."
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