The U.S. Securities and Exchange Commission has filed a notice of appeal in its lawsuit against Ripple, seeking to overturn a previous ruling. The agency appealed the 2023 ruling made by Judge Torres, who ruled that the secondary sale of Ripple’s XRP token does not constitute the sale of securities.
The judge ruled that XRP did not meet all the criteria for the SEC’s Howey test to be classified as an investment contract. The filing was shared by defense attorney James Filan on X.
Ripple Strikes Back
Ripple’s Chief Legal Officer Stuart Alderoty stated that the appeal is disappointing but not surprising. He added that it merely prolongs what is already a complete embarrassment for the regulatory agency.
– The court has already dismissed the SEC’s suggestion that Ripple acted recklessly, and there were no fraud charges and, of course, there were no victims or losses – said Alderoty.
He added that the SEC continues to engage in a litigation war against the industry, before stating that the company is evaluating whether to file a counterclaim.
Ripple’s CEO, Brad Garlinghouse, also addressed the issue on X, stating that if SEC Chairman Gary Gensler and the regulator were rational, they would have long since dropped this case.
