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Ripple notches win in SEC case over XRP cryptocurrency

reuters.com

41–50 of 95 posts

Re: Ripple notches win in SEC case over XRP cryptocurrency

#41

"partial" win!? It's hard to see what would be a "win" otherwise... It's going to have also larger implications - the SEC somehow manages to lose that one, it was hard to imagine or predict. If not even XRP is a security, there is truly no other coins which could be a security. Hate it or love it, but the SEC is simply going to lose all their other lawsuits EDIT: oh funny ... Reuters edited their title and removed "p…

> If not even XRP is a security

Forgive me, I know little about crypto, and am bearish on it, but:

My understanding is that Ripple was very much meant to be a currency/commodity, unambiguously, where most other crypto backed by whitepapers were meant to be securities on the basis that they were meant to back some hare-brained scheme or have some utility beyond simply being a means of transfer. If I'm right about that, then surely Ripple has one of the strongest arguments for not being a security?

Re: Ripple notches win in SEC case over XRP cryptocurrency

#42
post #4

Earlier quoted context omitted.

>> [...] what changes should we expect to see in the short term? The article mentions that since the company definitively sold unregistered securities to hedge funds and sophisticated buyers (without registering with the SEC), a jury will now/soon need to "decide whether or not Garlinghouse or Larson aided in the company's violation of the law." Seems pretty clear cut that the company, and it's executives, will have…

This part I don't understand, aren't those institutions "accredited investors"?

There are specific regulations that carve-out ways to sell unregistered securities to accredited investors. For example, Rule 504 and 506 under "Regulation D", but they have limits on the amount raised ($10mm for 504) or limits on solicitation, which perhaps Ripple did not adhere to? You also have to file a Form D to claim the exemption ahead of time, which perhaps they didn't do?

Re: Ripple notches win in SEC case over XRP cryptocurrency

#43
post #36

Earlier quoted context omitted.

And with the deep pockets of the crypto puppet masters and all the evidence coming out about the Justice’s susceptibility to taking as many “gifts” as they can get their hands on, that just further solidifies the pre-determined outcome.

The US has a standing doctrine called 'delegation', where the executive is allowed to make up rules and enforce them. The Federalist Society finds that doctrine to be unconstitutional and wants to chip away at it. All 6 conservative justices have ties to the Federalist Society, so it really doesn't require any lavish gifts in this case.

Even the doctrine of delegation has limits, and most of the executive branch isn't elected, so the only real check on their power is the judiciary.

Congress (whichever half shares the party with the presidency) loves delegation, because it means they aren't to blame when people don't like the results- they don't even have to take a position by voting!

Re: Ripple notches win in SEC case over XRP cryptocurrency

#44
IANAL

The court ruled that:

- Ripple's sales of XRP to institutional buyers were investment contracts, but

- programmatic sales via an anonymous exchange were not.

The ruling emphasises the distinction between an asset and an investment contract. An orange grove isn't an investment contract. The sale of an orange grove may or may not be an investment contract. Determining whether or not is governed by the Howie test.

If ChatGPT is to be believed (ha!), secondary sales of common stocks are not investment contracts: https://chat.openai.com/share/d3865e23-9210-4977-bda5-b4ded8...

If you don't want to read the whole ruling, look at pages 13-15 and 22-24.

Re: Ripple notches win in SEC case over XRP cryptocurrency

#45
post #13

This is IMO rather odd logic. I skimmed the opinion. If identical logic were applied to ordinary stock shares, it seems like it’s saying that shares in a C corp are securities if the C corp sells them to institutional investors, but that if the C corp sells the same shares by putting limit orders on a stock exchange (NASDAQ, for example) and Reddit-reading meme stock buyers buy them, then somehow the C corp didn’t ac…

>I skimmed the opinion

Then don't comment on it

Re: Ripple notches win in SEC case over XRP cryptocurrency

#46
post #13

This is IMO rather odd logic. I skimmed the opinion. If identical logic were applied to ordinary stock shares, it seems like it’s saying that shares in a C corp are securities if the C corp sells them to institutional investors, but that if the C corp sells the same shares by putting limit orders on a stock exchange (NASDAQ, for example) and Reddit-reading meme stock buyers buy them, then somehow the C corp didn’t ac…

The holder of a stock certificate has a formal legal contractual relationship with the corporation that issued the stock. The holder of a token does not have a contractual relationship with the entity that issued the token. Now there's probably some silliness in the fact that if Alice creates a token and sells it to Bob, it's an investment contract, but if Alice creates a token sells it to Mark the middleman who then…

>this really comes down to how Federalist society wing of judges

Judge was a former Democratic politician and an Obama appointee, in NY. Probably not Federalist.

>Should courts use commonsense interpretation of the meaning of the laws

Whose commonsense? commonsense isn't common.

Re: Ripple notches win in SEC case over XRP cryptocurrency

#47

"partial" win!? It's hard to see what would be a "win" otherwise... It's going to have also larger implications - the SEC somehow manages to lose that one, it was hard to imagine or predict. If not even XRP is a security, there is truly no other coins which could be a security. Hate it or love it, but the SEC is simply going to lose all their other lawsuits EDIT: oh funny ... Reuters edited their title and removed "p…

> If not even XRP is a security Forgive me, I know little about crypto, and am bearish on it, but: My understanding is that Ripple was very much meant to be a currency/commodity, unambiguously, where most other crypto backed by whitepapers were meant to be securities on the basis that they were meant to back some hare-brained scheme or have some utility beyond simply being a means of transfer. If I'm right about that…

> Forgive me, I know little about crypto, and am bearish on it

Forgive me, how can you form a bearish opinion on something you know very little about?

Re: Ripple notches win in SEC case over XRP cryptocurrency

#48

"partial" win!? It's hard to see what would be a "win" otherwise... It's going to have also larger implications - the SEC somehow manages to lose that one, it was hard to imagine or predict. If not even XRP is a security, there is truly no other coins which could be a security. Hate it or love it, but the SEC is simply going to lose all their other lawsuits EDIT: oh funny ... Reuters edited their title and removed "p…

If this stands it clears Ripple, but not necessarily the exchanges (footnote 16 in page 23). If SEC gets that one, that would be enough of a win for them - without the offramps, these coins wouldn't survive.

Re: Ripple notches win in SEC case over XRP cryptocurrency

#49
post #25

Looks like the crypto critics are now confused and have gone silent again after the Bitcoin leveraged ETFs getting approved and now they got this one wrong again. Just for the ones at the back, it is absolutely NOT the SEC that determines what is and what isn't a security and the SEC does NOT get the final say, which this summary judgement has already shown. But of course complain all you want, but there was a reason…

There is a lot of hate here for crypto but you have seen nothing yet. The cognitive dissonance is going to be a sight to behold in the next 365 days.
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