According to the SEC, XRP token sales should have met the expectation-of-profits requirement under the Howey Test. The regulator also contends that noncash XRP transactions should still be classified as an investment of money, making them subject to securities laws. The appeal seeks to overturn the summary judgment favoring Ripple and reinforce its authority over crypto regulations.
Ripple’s Chief Legal Officer, Stuart Alderoty, dismissed the SEC’s latest arguments, stating they are repetitive and unconvincing. He emphasized the need to move beyond non-fraud cases and create a regulatory framework that fosters innovation instead of litigation.
As SEC Chair Gary Gensler prepares to step down on January 20, the crypto industry is hopeful for a policy shift under new leadership. The anticipated appointment of pro-crypto Paul Atkins could signal a more constructive regulatory approach, focusing on growth and collaboration rather than enforcement.
With the Ripple case unresolved and new leadership on the horizon, the crypto industry watches closely for what could be a transformational moment in regulation.