Did the SEC Make a Mistake in Pursuing an Appeal Against Ripple?

The recent XRP lawsuit ruling challenges SEC’s arguments, potentially impacting its stance. Market experts foresee a possible recovery.

Woman in court building, wondering about the SEC case, Gary Gensler, intrigued about what she's thinking.
Created by Kornelija Poderskytė from DailyCoin
  • Developments in the ongoing SEC vs XRP lawsuit have brought renewed focus to the case.
  • A legal expert has pointed out a crucial misstep by the SEC in their appeal.
  • Impending clarification by the judge heightens the stakes.

The XRP lawsuit involving the US Securities and Exchange Commission (SEC) has been a focal point within the cryptocurrency sector since its initiation in 2020. Recently, this case has garnered even more attention due to its latest developments.

The spotlight on the lawsuit intensified after a dramatic recent ruling. Back in July, Judge Analisa Torres, who presides over the case, rendered a verdict that had a noteworthy impact. Specifically, she ruled that secondary sales of XRP did not meet the criteria for investment contracts. This ruling dealt a blow to the SEC by challenging one of its central arguments.


A legal expert has put forth an argument suggesting that the Commission erred when it opted to pursue an interlocutory appeal. According to the expert’s analysis, Judge Torres did not categorically establish that sales conducted through exchanges couldn’t be deemed investment contracts.

In a comprehensive thread of analysis, the attorney elucidated that the judge’s ruling was confined to the SEC’s inability to substantiate its claim that a reasonable retail investor would believe their profits were contingent on Ripple’s efforts. 

Furthermore, the attorney highlighted the Commission’s failure to present evidence demonstrating the scope of influence and the existence of a singular XRP holder who had explicitly relied on Ripple to drive up the value of XRP.

The expert proposed that the SEC’s options have become constrained by the existing legal record. Ordinarily, when a party appeals a final decision, they can interpret the ruling in a manner beneficial to their stance. 


The original court that delivered the ruling typically lacks the opportunity to elaborate or provide clarifications. However, in this scenario, whether Judge Torres approves or rejects the interlocutory appeal, she will have the opportunity to expound upon her ruling. 

Her intent will be to emphasize that her decision solely pertained to the SEC’s conspicuous failure to meet the burden of proof.

An essential aspect, often overlooked by those without a legal background, is the fundamental principle that no fresh evidence or novel legal arguments can be introduced during an appeal. This limitation applies to the SEC as well. Greg Beuke emphasized this point, stating, “The SEC is constrained by the existing record.”

On the Flipside

  • While the SEC’s actions have undoubtedly played a role in XRP’s recent price decline, it’s important to remember that market trends and sentiments also contribute significantly to price movements.
  • Regardless of the case’s outcome, the legal arguments and judicial decisions could set crucial precedents for how other cryptocurrencies are classified and regulated in the future.

Why This Matters

The recent legal turns in the SEC’s lawsuit against Ripple not only affect the immediate parties involved but also send ripples across the crypto landscape. Investors and enthusiasts are watching closely as this case sets precedents that could reshape how cryptocurrencies are perceived and traded within regulatory frameworks.

To delve deeper into the XRP market dynamics and recent whale movement, click here:
XRP Whale Movement Sparks Speculation: Another Crash Incoming?

For insights into the recent downturn in Ripple’s price following the SEC appeal approval, explore further here:
Ripple Price Tanks Amid SEC Appeal Approval: What Happens Now? 

This article is for information purposes only and should not be considered trading or investment advice. Nothing herein shall be construed as financial, legal, or tax advice. Trading forex, cryptocurrencies, and CFDs pose a considerable risk of loss.

Kyle Calvert

Kyle Calvert is a cryptocurrency news reporter for DailyCoin, specializing in Ripple, stablecoins, as well as price and market analysis news. Before his current role, Kyle worked as a student researcher in the cryptocurrency industry, gaining an understanding of how digital currencies work, their potential uses, and their impact on the economy and society. He completed his Masters and Honors degrees in Blockchain Technology within Esports and Business and Event management within Esports at Staffordshire University.