Stuart Alderoty, Legal Director of Ripple $2, shared his insights on the ongoing legal battle between Ripple and the U.S. Securities and Exchange Commission (SEC). He evaluated the possibilities of the Second Circuit affirming or expanding Judge Torres’s decision as the case progresses.
Potential Outcomes of the SEC Appeal
Alderoty expressed doubts about the likelihood of the SEC’s appeal being successful. The Second Circuit may either uphold Judge Analisa Torres’s ruling or extend it. However, according to Alderoty, the chances of the SEC sending the case back for further review are low.
“The SEC could argue that Judge Torres is not ‘ordinary or average intelligence.’ That would be odd.”
Ripple’s Defense Strategy
In the event of remand, Ripple plans to resurrect its “Fair Notice” defense. This defense questions whether a typical person could understand whether their actions were legal.
Alderoty compared the SEC’s resolute approach towards Ripple to works like “Moby Dick” and “My Cousin Vinny,” emphasizing the SEC’s excessive and determined stance against Ripple. These analogies highlight the SEC’s insistence on market regulations.
During the initial stages of the judicial process, the court ruled in favor of Ripple, rejecting XRP’s status as a security. Alderoty cautioned the XRP community on a significant matter, noting that the summary ruling declaring “XRP is not a security” remains valid, hinting at a potential recovery in XRP’s price.
Legal analysts indicated that while the SEC has not appealed some decisions, the final judgment could still be contested during the appeal process. Furthermore, Ripple’s launch of the RLUSD stablecoin will represent a significant legal step as the Ripple team secures regulatory approvals following the recent legal ruling, potentially reinforcing its legitimacy and supporting XRP Coin’s price.
Currently, XRP is priced at $0.54, showing a 3.5% increase over the past week. The cryptocurrency‘s market value stands at $30 billion, with a 24-hour trading volume recorded at $622 million.
In conclusion, the legal battle between Ripple and the SEC holds significant importance in the cryptocurrency market, as Ripple’s strategic moves and the SEC’s regulatory approaches continue to influence market dynamics.