The central issue at hand is whether XRP sales on cryptocurrency exchanges should be classified as securities. The SEC's original lawsuit accused Ripple of violating the Securities Act of 1933 by selling XRP without proper registration. Now, the SEC seeks a “de novo” review, meaning the court would reevaluate the case with fresh scrutiny, focusing particularly on Ripple’s CEO Brad Garlinghouse and co-founder Chris Larsen.
Ripple’s Chief Legal Officer, Stuart Alderoty, responded to the SEC's filing, confirming that Ripple would file its Form C next week. He emphasized that the Court's decision that "XRP is not a security" remains intact and is not under appeal.
Following the SEC's appeal, Ripple also filed a cross-appeal, aiming to ensure all aspects of the case are comprehensively addressed. The legal battle between the SEC and Ripple dates back to 2020 when the SEC accused Ripple of raising $1.3 billion through unregistered XRP sales. A key decision last year ruled that Ripple’s programmatic sales of XRP were not securities, while direct sales to institutional investors were deemed to violate securities laws.
As this case heads to the Second Circuit Court, the outcome could set a major precedent for how cryptocurrencies are regulated in the U.S.