XRP Lawsuit: Legal Expert Explains Why SEC Appeal Could Be A Risky Strategy

The ongoing legal battle between Ripple and the SEC remains a trending topic within the cryptocurrency industry. A recent statement from legal scholar Jeremy Hogan offers insights into the potential for an appeal by the SEC and the broader implications of the case.

In July 2023, Judge Analisa Torres issued a landmark ruling in the Ripple vs. SEC case. While the decision offered a partial victory for Ripple by determining that XRP was not a security when sold to retail investors, it also found Ripple liable for violating securities laws regarding sales to institutional investors. This outcome raised the question of whether the SEC would pursue an appeal.

Read Also: Ripple-SEC Lawsuit Could End In Settlement By April 2022. Here’s What New Documents Say

Expert Opinion on Appeal and Potential Outcomes

Jeremy Hogan, a partner at the law firm Hogan & Hogan, has weighed in on the possibility of an appeal. He suggests that the SEC’s pursuit of an appeal could be a risky strategy.

Hogan argues that even if the SEC were to win an appeal, the case would likely be remanded back to the district court for further factual determinations. This would prolong the legal battle and potentially lead to additional costs for both parties.

Kristina Littman’s Viewpoint and Legal Precedent

Hogan’s assessment aligns with the perspective of former SEC Division Chief Kristina Littman. Littman has suggested that the SEC may accept the current ruling as a district court decision and avoid seeking an appeal to a higher court.

Adding another layer of complexity is the recent case involving Terraform Labs, another cryptocurrency company. In that case, U.S. District Judge Jed Rakoff explicitly rejected the SEC’s approach of differentiating the legal status of a token based on whether it was sold to institutional or retail investors. This logic aligns with the favorable outcome for the SEC in the Coinbase decision.

Read Also: XRP Lawsuit: Legal Expert Shares Likely Timeline of SEC’s Potential Appeal

Current Status and Potential Next Steps

With the legal complexities in mind, the SEC’s decision regarding an appeal remains unclear. The case is currently in the remedies phase, where Ripple seeks to minimize any potential fines or penalties imposed by the court. While SEC Chair Gary Gensler previously hinted at the possibility of an appeal, a final decision has yet to be made.

The Ripple vs. SEC case holds significant implications for the future of cryptocurrency regulation in the United States. The court’s final decision, whether through the current ruling or a potential appeal, will play a critical role in shaping the legal landscape for digital assets. Investors and industry participants will continue to monitor the case closely as it progresses.

Disclaimer: This content is meant to inform and should not be considered financial advice. The views expressed in this article may include the author’s personal opinions and do not represent Times Tabloid’s opinion. Readers are urged to do in-depth research before making any investment decisions. Times Tabloid is not responsible for any financial losses.

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