Lawyer Says US SEC Challenging XRP ODL Sales Is A Big Concern For Ripple

: Reports

The United States Securities and Exchange Commission (SEC) is seeking an interlocutory appeal of Judge Torres’ ruling that the programmatic sales of XRP are not securities and to stop further proceedings in the district court. Specifically, the U.S. SEC is contesting the sale of XRP by Ripple through its On-Demand Liquidity (ODL) mechanism, as the company only engaged in the sale of XRP through such ODL transactions since a lawsuit was filed in December 2020.

Lawyer Bill Morgan stated that Judge Torres’ interpretation of the ODL sales of XRP as institutional securities is mistaken. Ripple is weighing its options as the company has been only selling XRP in conjunction with ODL during the SEC’s lawsuit; Morgan further pointed out that the SEC is relying on Ripple’s market data and CTO David Schwartz’s comments in the lawsuit, as well as the SEC’s challenge to the ODL transactions worth ~$3 billion since December. He expressed deep concern at the Judge’s decision on the matter, stating “this strikes as a huge risk for Ripple.”

Additionally, the SEC claims in the legal battle that statements offered by Ripple’s CEO Brad Garlinghouse are implying it could indeed take a siege the duration of years in their favor, urging the report to adjourn any proceedings about pretrial.

The appeal highlights potential doubts regarding alternate-assets fiat-currency methods with reference to federal securities laws, namely to go via on Ripple’s insistence of Morrison v. Nat’l Australia Bank, 561 U.S. 247 (2010) around recovering charges off its ODL products. Taking that into assessment that developing a grasp across the subject increases “twisted discovery” questioning the grit of such guarantees.

In response to the SEC’s appeal filing, the Ripple Chief Legal Officer Stuart Alderoty vehemently stated that this only way the crypto-giant can contest the ODL securities ruling and work on their own appeal against XRP.

The legal remedies followed no variation to the rates, with it losing 2% past 24 hours, exchange prices across different trading floors followed an similar wave taking it to around $ 0.63 at press time. Exhibiting a marked peak and dip between $0.628 and $0.672 respectively. Simultaneously, the trading rate slightly trailed upward amid the selling out of stocks by agents.

It is indeed understandable why the crypto-space appears hopeful that at least Ripple’s standpoints will be unchallenged, one could easily observe the outstretched dissenting views gain traction as citizens demand the SEC Chairman Gary Gensler’s definitive resignation over discrepancies pushed through the oversights at an alarming rate.

Robert Wilson author
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