appeal

Chongqing has concluded an appeal case involving drug trafficking and money laundering with virtual currency, and the defendant has been sentenced to 8 years in prison

ChainCatcher news, the Chongqing Fifth Intermediate People's Court recently concluded an appeal case involving drug trafficking using a new method of "Internet + virtual currency + logistics mailing."From August 2021 to July 2023, the defendant Zhang contacted drug buyers through WeChat and other means, primarily selling marijuana and "stamps" and other types of drugs. Zhang entrusted the packaged drugs to a dedicated person for safekeeping, and after reaching a transaction intention with the drug buyer, provided the buyer with a virtual currency website. After confirming the receipt of drug funds via virtual currency, Zhang would place an order with a certain express delivery platform, and the drug custodian would deliver the drugs to the buyer through the express platform, while Zhang paid the drug custodian a fee.According to statistics, Zhang placed orders through the express platform and had the drug custodian deliver drugs a total of over 1,600 times; received funds through virtual currency accounts a total of over 1,200 times; and withdrew the received virtual currency to his Alipay, WeChat, and bank cards after multiple transfers, accumulating over 400,000 yuan.The Chongqing Fifth Intermediate Court, after legal review, found that the first-instance sentence of eight years imprisonment and a fine of 100,000 yuan for the defendant Zhang for the crimes of drug trafficking and money laundering was appropriate, and upheld the original judgment.

Fox reporter: Ripple plans to submit an appeal document regarding the SEC case, and its executives are confident of winning

ChainCatcher news, Fox Business reporter Eleanor Terrett posted on X platform that today, Ripple will submit its C form (civil appeal document), outlining its main appeals against the SEC's case in the Second Circuit Court. Given that we saw the SEC appeal nearly everything it lost at the district court level last week, Ripple expects to appeal only the one matter it lost: the district court's ruling that the XRP tokens sold by the company constitute the sale of unregistered securities.Last week in Miami, when I interviewed Brad Garlinghouse (Ripple CEO) and Stuart Alderoty (Ripple Chief Legal Officer), they emphasized their strong confidence in Ripple's victory in the Second Circuit Court. Alderoty stated, "I feel very good about our case at the district level. And for a variety of reasons, I feel even better about our case in the Second Circuit. The Second Circuit traditionally does not favor the SEC. They also do not like overregulation. Statistically, if they lose, the likelihood of the Second Circuit overturning the original ruling is about 10% or lower. So, I feel, as a litigator, I am a bit superstitious; I don’t like to predict outcomes, and certainly won’t guarantee them, but I feel very good about the outcome in the Second Circuit. I believe they will not only support Judge Torres, but I think they will go even further. I believe they will strengthen her ruling. At that point, the SEC will once again find itself in a losing position, and whether to appeal this case to the Supreme Court will be up to them."When I asked Garlinghouse about the possibility of the case being appealed all the way to the Supreme Court, he told me, "I am very confident we will win the appeal, which will really deliver a fatal blow to Gary Gensler's entire cryptocurrency regulatory agenda." He added, "Honestly, I am not worried about it at all. I am confident because I believe we stand on the side of legal justice. I think we stand on the right side of history."

Ripple Labs plans to file a "cross-appeal" in the case against the SEC

ChainCatcher news, according to CoinDesk, Ripple Labs announced on Thursday that the company will appeal the ongoing case against the U.S. Securities and Exchange Commission (SEC) as part of maintaining its legal defense while the SEC's appeal in the case is under review by the appellate court.Earlier this month, the SEC filed a notice of appeal regarding the long-standing case against Ripple, which the regulatory agency first sued in December 2020. Chief Legal Officer Stuart Alderoty stated that Ripple's appeal aims to ensure that the company retains its views and arguments in the case, but he did not elaborate on what the company might argue in its motion. He said, "We are doing this to ensure that we leave no room for arguments, including the argument that an investment contract cannot exist without the fundamental rights and obligations in the contract."Similar to the documents submitted by the SEC last week, Ripple's initial filing is merely a notice indicating that a more comprehensive argument will be submitted in the future. Alderoty stated that both parties will fill out a form in the coming weeks to provide "a fairly high-level description" of their arguments, but neither the regulatory agency nor the company will disclose specific details before submitting their opening statements. The SEC's brief may be released around the end of January, while Ripple's opening brief (which will be combined with its opposition to the SEC's brief) will be released at a later time.

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.
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