On Oct. 3, United States District Court Judge Analisa Torres rejected the U.S. Securities and Exchange Commission’s (SEC’s) motion to appeal its loss against Ripple Labs, the company behind the XRP (XRP) cryptocurrency. Torres denied the SEC’s motion, claiming the regulator failed to meet the burden to show that there were controlling questions of law or substantial grounds for differences of opinion on the matter.
The regulator appealed against the court’s July decision declaring that retail sales of the XRP token did not meet the legal definition of a security. The SEC argued there was “substantial ground for differences of opinion” on the laws at hand.
Immediately after the SEC’s appeal was rejected, the XRP price surged nearly 6%. However, the decision isn’t an outright loss for the regulator, as Torres scheduled a trial for April 23, 2024, to address the remaining issues in the case.
Crypto lawyers are seemingly divided over the significance of the court order. While many lawyers and commentators chalked the decision up as a substantive win for Ripple in its case against the regulator, other legal experts have urged the public to temper their enthusiasm. Bill Hughes, a lawyer at blockchain firm ConsenSys, told Cointelegraph that the rejection of the SEC’s appeal was something he’d expected, explaining that it’s not typical for such an appeal to make it through during this part of a trial. “The court says that [Torres’] ruling is limited to this case. Frankly, that’s fine for the SEC if they don’t mind one case not telling you very much about the next,” Hughes explained.
Keeping up with the SBF trial
If you are having a hard time keeping up-to-speed with the ongoing Sam Bankman-Fried trial, Cointelegraph has got you covered. Our reporters are on the ground in New York following every day of the trial. And there is much to recap with, from the defense’s insistence on the role of Binance in the FTX’s collapse to in-depth details about how Bankman-Fried’s former crypto empire ended up with an $8 billion hole in customer assets.
The Hong Kong Police Force and the Securities and Futures Commission (SFC) have set up a crypto-focused working group to deal with illicit crypto exchange activities. The working group aims to enhance monitoring and the investigation of illegal activities carried out by virtual asset trading platforms, share information on suspicious activities, assess risks of dubious exchanges and collaborate on investigations.
The Canadian Securities Administrators (CSA) has guided exchanges and cryptocurrency issuers on its interim approach to what it calls value-referenced crypto assets, with a particular focus on stablecoins. The CSA reaffirmed that stablecoins “may constitute securities and/or derivatives,” which Canadian crypto exchanges are prohibited from trading. However, if issuers maintain an appropriate reserve of assets with a qualified custodian and crypto exchanges offering stablecoins make “certain information related to governance, operations, and reserve of assets publicly available,” then the CSA could allow those assets to be traded.
U.K. adds 143 crypto companies to its warning list
The United Kingdom’s financial markets regulator, The Financial Conduct Authority (FCA), added 143 crypto exchanges to its warning list of non-authorized firms that customers “should avoid.” Among them were major exchanges, such as Huobi-owned HTX and KuCoin. The warning list doesn’t reveal much apart from the statement, “You should avoid dealing with this firm.” However, failure to comply could result in criminal charges.
Care providers have warned the government that the UK social care system is “at breaking point” as it struggles with rising demand and high costs.
It comes as thousands of care and support providers, and some of those who rely on the service, plan to stage a demonstration in central London to urge the government to give more support to the ailing sector.
The planned rise in National Insurance contributions for employers combined with the increase in the national minimum wage, set to come into effect in April, could lead to some providers going out of business, according to Providers Unite, a coalition of social care organisations campaigning for long-awaited social care reform.
Research by the independent think tank The Nuffield Trust estimates that the rises, announced by Chancellor Rachel Reeves last October, could cost the sector an extra £2.8bn a year.
Image: Rachel Reeves announcing the rise in NI contributions for employers in October
The government has already announced an additional £600m to help support the social care sector.
But the chair of the National Care Association, Nadra Ahmed, said the proposed increases will cancel out that government support.
“It is inconceivable that politicians fail to understand that a lack of investment will impact heavily on both the NHS and local government,” she said.
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“It is this lack of recognition or investment which has led to a watershed moment at a time when the need for our services continues to grow. The sector is at breaking point.”
Ms Ahmed said increased costs had not kept pace with funding levels and warned some care providers could end up bankrupt.
Jane Jones, owner of Applewood Support, a homecare provider in Nuneaton, Warwickshire, said her costs will rise by and estimated £6,000 a month when the National Insurance rise comes into force.
Image: Jane Jones, the owner of Applewood Support
“I felt sick when I heard the chancellor announce the rise in NI,” she told Sky News.
“It’s not feasible. I’ve had to make cuts in the office. We’ve got rid of two personnel because we just can’t afford it. It’s an attack on growth.”
The care sector employs nearly two million workers and supports more than 1.2 million people.
Pensioners Shiela and Paul Banbury have been married for 59 years and rely on Applewood to care for 82-year-old Sheila at home after she was diagnosed with Alzheimer’s in 2018.
Image: Sheila Banbury relies on carers to live with her husband Paul
Image: Paul Banbury
Paul, 77, says if they could not get home care Shelia would have to move into a care home.
“It would be very difficult after such a long time together. We want to be able to stay together in our home.”
Most care providers receive a fixed price for care, set by local councils. That means that rises elsewhere in the system are difficult to manage.
“We cannot increase our costs like the supermarkets can and are limited to what the government and councils can pay us,” says Ms Jones.
“So if they can’t pay us the right amount of money, we’re just going to go close our doors. And I think that’s what’s going to happen come April.”
Mike Padgham, chair of The Independent Care Group, urged the chancellor to review her budget measures and make care providers exempt from the National Insurance rise in the same way that the NHS is.
“We have suffered for more than 30 years and enough is enough. People who rely on social care and those who deliver it deserve better,” said Mr Padgham.
The government has published plans to reform the social care system, aiming to establish a National Care Service designed to bring it closer to the NHS.
Health and Social Care Secretary, Wes Streeting, announced the formation of an independent commission, chaired by Baroness Louise Casey, to develop comprehensive proposals for organising and funding social care.