SEC loses motion to appeal loss Ripple case...

Awwww, poor Gary Gensler. He goes home a loser again.

Policy
SEC’s Motion to Appeal Loss in Ripple Case Is Denied
XRP rallied about 5% following the decision.
By Nikhilesh De
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Oct 3, 2023 at 6:13 p.m. CDT
Updated Oct 3, 2023 at 6:22 p.m. CDT

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SEC Chair Gary Gensler, left, and Ripple CEO Brad Garlinghouse are at the center of the U.S. dispute over the future of crypto oversight. (Kevin Dietsch/Getty and Scott Moore/Shutterstock/CoinDesk)

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A federal judge has rejected the U.S. Securities and Exchange Commission’s bid to appeal its ground-shaking loss against Ripple, the crypto company associated with the XRP token.

XRP’s price rallied about 5% on the news.

District Judge Analisa Torres said in a brief ruling Tuesday that the SEC had failed to meet its burden under the law to show that there were controlling questions of law or that there are substantial grounds for differences of opinion.

The decision isn’t a complete loss for the SEC, though. The judge set an April 2024 trial date for other issues that still need resolution. The agency may still try to appeal the overall case after.

The judge had previously ruled in July that while Ripple violated federal securities laws in selling XRP to institutionalinvestors directly, it had not done so by making XRP available to retail customers through programmatic sales to exchanges. That decision cast doubt on how strongly securities regulators would be able to police crypto.

The SEC announced after July’s ruling that it would file an interlocutory appeal and move to stay any further decision-making as it bid for an appeal court review of Judge Torres’ ruling.

Spokespeople for the SEC and Ripple did not immediately return requests for comment.

STORY CONTINUES BELOW

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UPDATE (Oct. 3, 2023, 23:21 UTC): Updates XRP's price.

Edited by Nick Baker.


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Nikhilesh De

Nikhilesh De is CoinDesk's managing editor for global policy and regulation. He owns marginal amounts of bitcoin and ether.

Follow @nikhileshde on Twitter
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