- Pro-XRP attorney John Deaton commented on the SEC’s request to Coinbase to halt trading of all tokens except Bitcoin.
- Attorney Deaton believes that the US financial regulator has an anti-crypto stance and the XRP ruling protected the ecosystem from the SEC’s full force.
- Deaton argues that every coin is in danger and the XRP ruling is significant to all projects in the crypto ecosystem.
XRP holder community is awaiting the US Securities and Exchange Commission’s (SEC) next steps to appeal versus Judge Torres’ ruling on XRP status as a security. Amidst the anticipation surrounding the ruling, pro-XRP attorney John Deaton has made more comments on the recent information about the SEC lawsuit against Coinbase.
Deaton explained the relationship between the XRP ruling and the crypto ecosystem, arguing that no cryptocurrency is safe from the SEC’s anti-crypto stance.
XRP ruling and its impact on cryptocurrencies listed on Coinbase
Coinbase CEO Brian Armstrong told the Financial Times in an interview that the US SEC requested the exchange to halt trading for all cryptocurrencies except Bitcoin. Armstrong said that the SEC believes every asset other than Bitcoin is a security and that the regulator refused to explain how the agency arrived at such a conclusion.
The request was to delist from the biggest cryptocurrency exchange in the world every asset other than Bitcoin. Deaton used these words by Armstrong to remind the XRP community how important Judge Torres’ ruling is. According to Deaton, all cryptocurrencies in the ecosystem are “in danger” of the full-force of the SEC coming at them, if XRP was proven to be an investment contract/ security.
The ruling makes it clear that XRP is not a security in itself, however the altcoin can be considered as a security depending on the circumstances of the transaction or sale. Deaton believes that this XRP ruling is a win for the crypto ecosystem and that the SEC vs Ripple case is “the most significant non-fraud SEC enforcement action in modern history”, since 1946.
Deaton believes that “every coin is in danger”
John Deaton had already warned the crypto community nearly a year ago that the SEC’s lawsuit against Ripple could emerge as a groundbreaking one, as the regulator’s argument could be applied to every single asset. Deaton wrote to the SEC, asking the regulator to limit their claims against Ripple, to the way the firm sells XRP, instead of a blanket reference to the asset.
At the beginning of the video I say: “I’m going to prove why everyone, even if you hate @Ripple and despise XRP, should be hoping the SEC falls flat on its face.” https://t.co/88PgXCMs4r
— John E Deaton (@JohnEDeaton1) July 31, 2023
The SEC filed its first amended complaint against Ripple on February 19, in the southern district of New York, and the regulator’s response was to refer to XRP as a “digital asset security.” This is where, Deaton explains, the regulator clarified their stance on cryptocurrencies and shifted its stance from 2013 to the present, referring to assets as “securities” instead of referring to the circumstances of sale of the asset.
SEC vs Ripple lawsuit FAQs
Is XRP a security?
It depends on the transaction, according to a court ruling released on July 14:
For institutional investors or over-the-counter sales, XRP is a security.
For retail investors who bought the token via programmatic sales on exchanges, on-demand liquidity services and other platforms, XRP is not a security.
How does the ruling affect Ripple in its legal battle against the SEC?
The United States Securities & Exchange Commission (SEC) accused Ripple and its executives of raising more than $1.3 billion through an unregistered asset offering of the XRP token.
While the judge ruled that programmatic sales aren’t considered securities, sales of XRP tokens to institutional investors are indeed investment contracts. In this last case, Ripple did breach the US securities law and will need to keep litigating over the around $729 million it received under written contracts.
What are the implications of the ruling for the overall crypto industry?
The ruling offers a partial win for both Ripple and the SEC, depending on what one looks at.
Ripple gets a big win over the fact that programmatic sales aren’t considered securities, and this could bode well for the broader crypto sector as most of the assets eyed by the SEC’s crackdown are handled by decentralized entities that sold their tokens mostly to retail investors via exchange platforms, experts say.
Still, the ruling doesn’t help much to answer the key question of what makes a digital asset a security, so it isn’t clear yet if this lawsuit will set precedent for other open cases that affect dozens of digital assets. Topics such as which is the right degree of decentralization to avoid the “security” label or where to draw the line between institutional and programmatic sales are likely to persist.
Is the SEC stance toward crypto assets likely to change after the ruling?
The SEC has stepped up its enforcement actions toward the blockchain and digital assets industry, filing charges against platforms such as Coinbase or Binance for allegedly violating the US Securities law. The SEC claims that the majority of crypto assets are securities and thus subject to strict regulation.
While defendants can use parts of Ripple’s ruling in their favor, the SEC can also find reasons in it to keep its current strategy of regulation by enforcement.
Can the court ruling be overturned?
The court decision is a partial summary judgment. The ruling can be appealed once a final judgment is issued or if the judge allows it before then. The case is in a pretrial phase, in which both Ripple and the SEC still have the chance to settle.
Like this article? Help us with some feedback by answering this survey:
Information on these pages contains forward-looking statements that involve risks and uncertainties. Markets and instruments profiled on this page are for informational purposes only and should not in any way come across as a recommendation to buy or sell in these assets. You should do your own thorough research before making any investment decisions. FXStreet does not in any way guarantee that this information is free from mistakes, errors, or material misstatements. It also does not guarantee that this information is of a timely nature. Investing in Open Markets involves a great deal of risk, including the loss of all or a portion of your investment, as well as emotional distress. All risks, losses and costs associated with investing, including total loss of principal, are your responsibility. The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of FXStreet nor its advertisers. The author will not be held responsible for information that is found at the end of links posted on this page.
If not otherwise explicitly mentioned in the body of the article, at the time of writing, the author has no position in any stock mentioned in this article and no business relationship with any company mentioned. The author has not received compensation for writing this article, other than from FXStreet.
FXStreet and the author do not provide personalized recommendations. The author makes no representations as to the accuracy, completeness, or suitability of this information. FXStreet and the author will not be liable for any errors, omissions or any losses, injuries or damages arising from this information and its display or use. Errors and omissions excepted.
The author and FXStreet are not registered investment advisors and nothing in this article is intended to be investment advice.
Recommended Content
Editors’ Picks
Top 3 meme coins Dogecoin, Shiba Inu and Bonk: Report shows nearly 140 new meme token debuts
April recorded the addition of 138 new meme coins to CoinMarketCap. The actual number could be even higher as analyst Crypto Koryo notes that CoinMarketCap reportedly lists only 10% of all tokens.
XRP close to support at $0.50 as traders digest SEC vs. Ripple lawsuit proceedings
XRP is ranging below $0.53 on Thursday as investors continue to digest the recent developments in the legal battle between Ripple and the US Securities and Exchange Commission (SEC).
Fetch.ai Price Forecast: FET unlikely to recover, more downside possible Premium
Fetch.ai price performance in the first quarter was nothing short of magical. The market value of FET rose by 587% between February 5 and March 28, a climb that is now facing exhaustion and could lead to further downside moves.
Solana meme coins TREMP, BODEN rise after Donald Trump’s pro-crypto stance
A Solana-based meme coin Doland Tremp posted over 100% gains on Thursday, before pulling back to $0.6750. The price rally likely occurred after former US President Trump asked pro-crypto voters to vote for him and said his presidential campaign will accept crypto donations.
Bitcoin: Should you buy BTC here? Premium
Bitcoin (BTC) price shows signs of a potential reversal but lacks confirmation, which has divided the investor community into two – those who are buying the dips and those who are expecting a further correction.