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Ripple Files for Summary Judgment in SEC Lawsuit

Ripple seeks a legal resolution in its ongoing case with the SEC, arguing against XRP being classified as a security.
Published on 2022-09-19

Ripple's Legal Move in SEC Case

Ripple has taken a significant step in its ongoing legal battle with the U.S. Securities and Exchange Commission (SEC) by filing a Motion for Summary Judgment. This move aims to prompt a swift court decision, potentially concluding the case without a full trial. The filing, submitted to the Southern District Court of New York, seeks a ruling from Judge Analisa Torres based on the legal arguments presented.

Key Arguments Against SEC's Claims

Ripple's legal team, including CEO Brad Garlinghouse and Chairman Chris Larsen, argues that XRP does not meet the criteria to be classified as a security under the Howey Test. They assert there was no investment contract between Ripple and XRP investors, emphasizing the absence of a joint enterprise. This is crucial because the Howey Test requires a contract, a common enterprise, and an expectation of profits primarily from the efforts of others.

Ripple's Defense Strategy

Ripple's defense highlights the SEC’s inability to identify a specific contract for investment. Stuart Alderoty, Ripple’s general counsel, pointed out that after two years of litigation, the SEC has not met any of the Howey Test's requirements. The filings argue that XRP holders lacked reasonable expectations of profits derived from Ripple's efforts, further supporting their stance against the SEC's claims.

Potential Impact on Cryptocurrency Regulation

The outcome of this case could have far-reaching implications for the cryptocurrency industry in the U.S. If the court rules in favor of Ripple, it may influence how other cryptocurrencies are classified under U.S. securities laws. This case underscores the ongoing debate over regulatory clarity in the rapidly evolving digital asset space. Ripple's filing marks a pivotal moment in its legal journey, potentially setting a precedent for future cryptocurrency litigation.

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