SEC Loses Appeal against Ripple, Crypto Market Reacts Positively

Jason Li

October 5, 2023
Senior Product Manager

Senior Product Manager @ Uniblock

SEC's appeal against Ripple Labs denied; judge maintains XRP's sale wasn't an unlawful unregistered securities offering, hinting at evolving crypto regulations.

SEC Loses Appeal against Ripple, Crypto Market Reacts Positively

Following a recent legal setback against Ripple Labs, the U.S. Securities and Exchange Commission (SEC) faced another defeat when a federal judge upheld the ruling that Ripple's sale of XRP tokens wasn't an unlawful unregistered securities offering. Essentially, an unregistered securities offering involves selling assets, like shares or tokens, without the required regulatory compliance, aimed at protecting investors. In the crypto domain, treating tokens as securities can stifle innovation by layering on regulatory complexities. However, the latest judgment in Ripple's favor marks a promising shift, suggesting that regulators might be moving towards a more balanced approach that nurtures innovation while ensuring investor safety in the rapidly evolving cryptocurrency space.

Judge Analisa Torres held her ground in the case, stating that the SEC, in its appeal, had not convincingly shown that her initial judgement was characteristically faulty or highly problematic. The intent of the SEC was to reverse this judgement before the case reaches its conclusive stage next spring.

Although this represents a smaller victory for Ripple compared to the July judgement, it nonetheless impacted the market and XRP's value. The XRP token saw a 6.8% hike to mark just over $0.54, later settling slightly lower at $0.53 at writing time.

Despite this latest setback, the SEC is not without options. The organization is still entitled to appeal Judge Torres' decision, but this can only transpire once the case officially concludes after pending issues are discussed in a trial set for next April.

This ruling signifies a significant impediment to the SEC's attempt to manage the PR damage of its conspicuous defeat to Ripple. The SEC had planned to convince a federal appeals court that the decision had created a "can of worms" legally, requiring a review before the finalisation of this legal case.

This case made national headlines due to the robust refutation it represented against the SEC's current stance that most crypto firms participate in unlawful securities schemes. The SEC's loss in this case stimulated a surge in the crypto market, leading to a cumulative increase of $73.5 billion to a total market capitalization of $1.3 trillion. 

An essential clarification is that XRP is an open-source, decentralized digital asset native to the XRP Ledger, distinct and independent from Ripple Labs. The events and advancements in this case prove vital not just for Ripple Labs, but the entire cryptosphere, as they play a crucial role in shaping regulatory norms and perspectives towards digital assets and blockchain technology.

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