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Ripple Labs Objects to SEC’s Request for Appeal in Landmark Cryptocurrency Case

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Ripple Labs, a leading player in the cryptocurrency industry, has voiced its strong objection to the Securities and Exchange Commission’s (SEC) recent request to appeal a pivotal federal judge’s ruling.

This ruling determined that cryptocurrency should not be classified as a security when offered to the public.

On Friday, Ripple submitted a request to US District Judge Analisa Torres in New York, urging her to reject the SEC’s appeal request.

The company argued that the SEC is hastily pursuing an appeal on what it deems a fundamental legal issue applicable to all cases involving digital assets.

Ripple contends that the procedural and legal circumstances in other SEC enforcement actions differ significantly.

To proceed with its appeal, the SEC requires Judge Torres’s permission, as her initial ruling was not a final judgment.

Also, the regulator is seeking to temporarily suspend its lawsuit against Ripple, which accuses the company of selling unregistered securities, pending the outcome of the appeal.

Judge Torres’s previous decision was widely celebrated by the cryptocurrency industry, which has been resisting efforts to classify digital assets as securities subject to regulatory oversight.

In her ruling on July 13, Torres distinguished between the sale of Ripple’s XRP token to institutional investors, which she deemed to meet the criteria for an investment contract under federal securities law, and sales to the general public on cryptocurrency exchanges.

The SEC argued that immediate review of the matter was imperative as the ultimate outcome could have implications for other cryptocurrency-related cases, including similar lawsuits filed by the regulator against Coinbase Global Inc. and Binance Holdings Ltd.

It is worth noting that another Manhattan federal judge, Jed Rakoff, explicitly rejected Judge Torres’s approach in the SEC’s case against Terraform Labs and its founder, Do Kwon. Rakoff concluded that the Terra USD token might indeed be considered a security when sold to retail investors.

In its Friday filing, Ripple emphasized that several critical issues remain unresolved in the case, including whether the sales of XRP to institutional investors fall outside the SEC’s jurisdiction. If the SEC’s request for an exceptional appeal is granted, Ripple indicated its intention to challenge the judge’s determination that these sales constituted securities transactions.

This development comes shortly after a significant legal victory for the cryptocurrency industry in another case. An appeals court in Washington recently overturned the SEC’s decision to block Grayscale Investments LLC’s proposed spot Bitcoin exchange-traded fund.

Ripple’s CEO, Brad Garlinghouse, and Chairman, Christian Larsen, who are also named as defendants in the case, have joined the chorus opposing the SEC’s request. They maintain that Judge Torres’s ruling aligns with the best interests of the public and that the case should proceed to trial without further delay.

The case, known as SEC v. Ripple Labs Inc., 20-cv-10832, is currently pending in the US District Court for the Southern District of New York (Manhattan).

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Bitcoin

Bitcoin Holds Above $67,000 Amid Trump Win Bets

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Bitcoin is holding above $67,000 after yesterday’s correction after breaching the $69,000 level and rising to its highest level since late July.

Yesterday’s correction comes after an upward trend that investors are pushing to continue in light of a set of supporting factors, whether from the massive inflows into cryptoinvestment products or from more bets on Donald Trump winning the White House again.

Cryptocurrency investment products recorded massive inflows last week, reaching $2.2 billion, which represents the highest level since last July, with Bitcoin accounting for most of these flows that went to US spot ETFs, according to CoinShares. Net flows to these funds amounted to more than $294 million yesterday alone, according to SoSo Value.

This comes with two weeks left until the US presidential election. While the Polymarket betting market indicates that Republican candidate Trump is likely to win with a 63% probability, the betting site has sparked controversy over who is behind the significant increase in Trump bets. In contrast to Polymarket’s results, the poll average indicates that Democratic candidate Kamala Harris is ahead by 48.2% compared to 46.4% for Trump, according to FiveThirtyEight.

While this disparity and fluctuation in polls and predictions is likely to keep cryptocurrencies vulnerable to sharp volatility in the coming days, as the identity of the winner of the White House presidency might shape the future of the industry.

However, the futures market is presenting a mixed story and is questioning the sustainability of Bitcoin’s bullish trend. Bitcoin futures open interest regained its record level of more than $40 billion yesterday, according to CoinGlass, despite the price correction. This correction only resulted in a very small liquidation of the long positions of about $28 million yesterday.

Of that $40 billion, $12.5 billion was on the Chicago Mercantile Exchange (CME), which also represents a new record high for Bitcoin futures on the US’s largest futures exchange. This reflects the increasing involvement of institutional investors in driving price action.

What is concerning is the decline in the long/short ratio from 1.04 on Sunday to 0.94 today, which may reflect increasing bearish bets in futures market, which in turn may indicate a possible reversal of the bullish trend and a renewal of yesterday’s losses soon.

Written by Samer Hasn, Senior Market Analyst at XS

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Binance Expands Crypto Access in West and Central Africa With Mobile Money Integration

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Binance, the world’s leading blockchain and cryptocurrency infrastructure provider continues to drive innovation and expand access to cryptocurrency in Africa, now allowing users in Benin, Cameroon, Ivory Coast, Democratic Republic of Congo (DRC), Togo and Senegal to purchase crypto directly through mobile money payments enabled through local partnerships. 

This new functionality further strengthens Binance’s commitment to providing simple and secure access to cryptocurrency for users across the continent, reinforcing the platform’s vision of financial inclusion.

Samantha Fuller, Spokeswoman for Binance says “We remain focused on advancing financial inclusion and delivering user-friendly solutions for crypto adoption across Africa. This expansion into West and Central Africa is a significant step in our mission to increase crypto adoption, providing millions of people with more direct access to the global digital economy”.

This new service currently supports only BUY transactions, further simplifying the entry point for new crypto users in these regions, while providing them with a reliable and secure platform to acquire digital assets.

How to buy crypto:

  1. Log in to your Binance app and select [Add Funds] from the homepage.
  2. Choose your local fiat currency you wish to use by selecting the currency in the top-right column.
  3. Follow the instructions to complete your crypto purchase.

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Bitcoin Fails to Hold $63,000 Amid Weak Risk Appetite, Growing Selling Pressure

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Bitcoin remains below $63,000 after failing to hold above it over the past two days while Ethereum is also struggling to reclaim $2,440.

The crypto market has been trading sideways since the beginning of this week.

The cautious moves in the crypto market come amid uncertainty over a range of economic and political factors in the US and geopolitics in the Middle East.

Add to that the potential selling pressure that the US government may exert with its permission to sell around 70,000 Bitcoin.

The Supreme Court has allowed the US Marshals Service to proceed with the sale of 69,370 Bitcoins seized from the Silk Road online store, which would be the largest sale of its kind in history. While the nature and pace of this selling is not yet known, it will not necessarily put downward pressure on prices if it is done in over-the-counter (OTC)
transactions, according to Beincrypto.

As for the economic side, in light of the surprise labor market numbers that were much better than expected and Jerome Powell’s hawkish speech, hopes for a rapid continuation of interest rate cuts this year have diminished. While the relatively high rates remain for a longer period and the continued rise in Treasury bond yields will weaken appetite for risky assets in general, including cryptocurrencies.

Whereas, after the hypothesis of a half-percentage point cut at the next November meeting was the most likely, it has now become excluded in the Fed Fund futures market, and the probability of a quarter-percentage point cut has become 87%, according to the CME FedWatch Tool. The remaining 13% is for the possibility of keeping current rates unchanged.

The state of caution may also prevail in the markets in the coming weeks, as we anticipate the presidential elections in the United States, which will begin next month. While the outcome of these elections could cause a structural shift in the crypto industry.

Far away, in the Middle East, markets are still anticipating the nature of the expected escalation in the region, especially regarding the nature of the Israeli response to the unprecedented attack from Iran and the nature of the counter-response. While one of the most prominent scenarios is targeting energy facilities, which would bring inflation back to the forefront, which in turn may require central banks to keep interest rates high.

 

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