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).
