‘XRP is not a security. Period’ — Crypto lawyers on Ripple’s case amid SEC appeal
As the United States Securities and Exchange Commission (SEC) seeks an interlocutory appeal in its case against Ripple Labs, lawyers working in the crypto space expressed confidence in Ripple’s case, with some underscoring that the XRP (XRP) token is not a security.
On Aug. 9, the SEC sent a letter to Judge Analisa Torres stating that it was moving to appeal the court decision, which it says warrants a fresh look by an appellate court. The SEC asked the judge to put the case on hold while the appeal is in progress.
The SEC’s move to appeal sparked questions among community members, with some thinking that the SEC’s move to appeal is a move to challenge the “non-security” status of XRP. However, crypto lawyers assured the community that this is not the case.
According to crypto lawyer Jeremy Hogan, the two issues are separate. Hogan explained that if the SEC wins the appeal on the sales, Ripple would not be able to facilitate sales using exchanges. Despite this, the lawyer believes that exchanges could keep XRP listed as long as the sales are not made by Ripple.
Cointelegraph reached out to crypto lawyer Oscar Franklin Tan, chief legal officer of the nonfungible token (NFT) platform Enjin, to break down some of the intricacies surrounding the SEC’s move.
According to Tan, appeals usually take place once the case is finished. However, the SEC’s appeal is interlocutory, meaning it wants to appeal even though the case is unfinished.
The SEC does not have the “right” to appeal just yet which is why they are asking permission to file an “interlocutory” appeal. Ripple will file its response with the Court next week. Stay tuned. https://t.co/zCeVZhYfxc
— Stuart Alderoty (@s_alderoty) August 9, 2023
When asked how this appeal could potentially influence the course of the case, Tan told Cointelegraph that it’s all about the momentum. He explained:
“The SEC is asking to pause the XRP case while the interlocutory appeal goes on. If the appeal is allowed, whoever wins the appeal builds momentum in the main case.”
While Hogan believes that the appeal will not affect XRP’s security status, Tan believes that this is still what the SEC is after. He thinks the SEC is still looking to overturn the July decision by Torres that XRP is not a security in certain instances.
Related: Ripple joins BIS cross-border payments task force
Tan said that, at the moment, the SEC is using the conclusion in the Terraform Labs case against the judge in the XRP case. The crypto lawyer said that the SEC argues that a higher court should “break the tie” among different conclusions. However, Tan believes the SEC should let the court process proceed normally. He explained:
“What the SEC should have done is to provide clearer guidance before taking anyone to court. Since Ripple and other parties decided to take the SEC to court to get this guidance, the SEC should let the court process proceed normally.”
Meanwhile, Ripple’s chief legal officer Stuart Alderoty told the community to “stay tuned,” noting that Ripple will file its response with the court next week.
Magazine: SEC reviews Ripple ruling, US bill seeks control over DeFi, and more: Hodler’s Digest
Politics
‘Shameful’ that black boys in London more likely to die than white boys, says Met Police chief
It is “shameful” that black boys growing up in London are “far more likely” to die than white boys, Metropolitan Police chief Sir Mark Rowley has told Sky News.
The commissioner told Sunday Morning with Trevor Phillips that relations with minority communities “is difficult for us”.
Sir Mark, who came out of retirement to become head of the UK’s largest police force in 2022, said: “We can’t pretend otherwise that we’ve got a history between policing and black communities where policing has got a lot wrong.
“And we get a lot more right today, but we do still make mistakes. That’s not in doubt. I’m being as relentless in that as it can be.”
He said the “vast majority” of the force are “good people”.
However, he added: “But that legacy, combined with the tragedy that some of this crime falls most heavily in black communities, that creates a real problem because the legacy creates concern.”
Sir Mark, who also leads the UK’s counter-terrorism policing, said it is “not right” that black boys growing up in London “are far more likely to be dead by the time they’re 18” than white boys.
“That’s, I think, shameful for the city,” he admitted.
The Met Police chief’s admission comes two years after an official report found the force is institutionally racist, misogynistic and homophobic.
Please use Chrome browser for a more accessible video player
Police chase suspected phone thief
Baroness Casey was commissioned in 2021 to look into the Met Police after serving police officer Wayne Couzens abducted, raped and murdered Sarah Everard.
She pinned the primary blame for the Met’s culture on its past leadership and found that stop and search and the use of force against black people was excessive.
At the time, Sir Mark, who had been commissioner for six months when the report was published, said he would not use the labels of institutionally racist, institutionally misogynistic and institutionally homophobic, which Casey insisted the Met deserved.
However, London Mayor Sadiq Khan, who helped hire Sir Mark – and could fire him – made it clear the commissioner agreed with Baroness Casey’s verdict.
After the report was released, Sir Mark said “institutional” was political language so he was not going to use it, but he accepted “we have racists, misogynists…systematic failings, management failings, cultural failings”.
A few months after the report, Sir Mark launched a two-year £366m plan to overhaul the Met, including increased emphasis on neighbourhood policing to rebuild public trust and plans to recruit 500 more community support officers and an extra 565 people to work with teams investigating domestic violence, sexual offences and child sexual abuse and exploitation.
Watch the full interview on Sunday Morning with Trevor Phillips from 8.30am on Sunday.
Labour’s largest union donor, Unite, has voted to suspend Deputy Prime Minister Angela Rayner over her role in the Birmingham bin strike row.
Members of the trade union, one of the UK’s largest, also “overwhelmingly” voted to “re-examine its relationship” with Labour over the issue.
They said Ms Rayner, who is also housing, communities and local government secretary, Birmingham Council’s leader, John Cotton, and other Labour councillors had been suspended for “bringing the union into disrepute”.
There was confusion over Ms Rayner’s membership of Unite, with her office having said she was no longer a member and resigned months ago and therefore could not be suspended.
But Unite said she was registered as a member. Parliament’s latest register of interests had her down as a member in May.
Politics latest: Italy and other EU countries have ‘huge doubts’ about legality of UK migrant deal
The union said an emergency motion was put to members at its policy conference in Brighton on Friday.
Unite is one of the Labour Party’s largest union donors, donating £414,610 in the first quarter of 2025 – the highest amount in that period by a union, company or individual.
The union condemned Birmingham’s Labour council and the government for “attacking the bin workers”.
Mountains of rubbish have been piling up in the city since January after workers first went on strike over changes to their pay, with all-out strike action starting in March. An agreement has still not been made.
Please use Chrome browser for a more accessible video player
Rat catcher tackling Birmingham’s bins problem
Ms Rayner and the councillors had their membership suspended for “effectively firing and rehiring the workers, who are striking over pay cuts of up to £8,000”, the union added.
‘Missing in action’
General secretary Sharon Graham told Sky News on Saturday morning: “Angela Rayner, who has the power to solve this dispute, has been missing in action, has not been involved, is refusing to come to the table.”
She had earlier said: “Unite is crystal clear, it will call out bad employers regardless of the colour of their rosette.
“Angela Rayner has had every opportunity to intervene and resolve this dispute but has instead backed a rogue council that has peddled lies and smeared its workers fighting huge pay cuts.
“The disgraceful actions of the government and a so-called Labour council, is essentially fire and rehire and makes a joke of the Employment Relations Act promises.
“People up and down the country are asking whose side is the Labour government on and coming up with the answer not workers.”
Piles of rubbish built up around Birmingham because of the strike over pay
Sir Keir Starmer’s spokesman said the government’s “priority is and always has been the residents of Birmingham”.
He said the decision by Unite workers to go on strike had “caused disruption” to the city.
“We’ve worked to clean up streets and remain in close contact with the council […] as we support its recovery,” he added.
A total of 800 Unite delegates voted on the motion.
Binance co-founder CZ has dismissed a Bloomberg report linking him to the Trump-backed USD1 stablecoin, threatening legal action over alleged defamation.
-
Sports3 years ago‘Storybook stuff’: Inside the night Bryce Harper sent the Phillies to the World Series
-
Sports1 year agoStory injured on diving stop, exits Red Sox game
-
Sports2 years agoGame 1 of WS least-watched in recorded history
-
Sports2 years agoMLB Rank 2023: Ranking baseball’s top 100 players
-
Sports4 years ago
Team Europe easily wins 4th straight Laver Cup
-
Sports2 years agoButton battles heat exhaustion in NASCAR debut
-
Environment2 years agoJapan and South Korea have a lot at stake in a free and open South China Sea
-
Environment2 years agoGame-changing Lectric XPedition launched as affordable electric cargo bike