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Cryptocurrency News Articles

Ripple Fights SEC Classification of ODL XRP Sales as Investments

Apr 23, 2024 at 07:28 pm

Amidst the ongoing Ripple vs SEC legal battle, Ripple asserts that XRP sales on its On-Demand Liquidity (ODL) platform do not constitute investment contracts. The company disputes the SEC's allegations, arguing that ODL transactions are distinct from traditional investments as customers hold XRP for brief periods to facilitate cross-border payments. Ripple has filed an opposition to the SEC's demand for disgorgement and prejudgment interest, offering $10 million to settle the penalty.

Ripple Fights SEC Classification of ODL XRP Sales as Investments

Ripple Challenges SEC Classification of ODL XRP Sales as Investment Contracts

In a pivotal development in the ongoing legal battle between Ripple Labs and the Securities and Exchange Commission (SEC), Ripple has filed an opposition memorandum arguing that its XRP sales through the On-Demand Liquidity (ODL) service do not constitute investment contracts. This argument directly challenges the SEC's central allegation that XRP is an unregistered security.

Bill Morgan Presents Compelling Arguments

Leading pro-XRP attorney Bill Morgan has asserted that ODL contracts fail to meet the essential criteria of investment contracts. He emphasizes that ODL transactions are fundamentally different from traditional investments and serve a distinct purpose: facilitating cross-border payments.

Morgan highlights that ODL customers hold XRP for mere seconds, solely to execute cross-border transactions,而非作为投资。此外,瑞波的合同明确禁止客户期望从 XRP 购买中获利。这一关键论点有力地驳斥了 SEC 关于 XRP ODL 用途的主张,并支持了 Ripple 在法律纠纷中的立场。

Monica Long Testifies on Ripple's Subsidiaries

Further bolstering Ripple's defense, Monica Long, President of Ripple Labs, provided testimony affirming that Ripple's subsidiaries handle ODL transactions exclusively outside the United States. This testimony directly contradicts the SEC's assertions that Ripple engages directly with ODL customers, further solidifying Ripple's position in the ongoing legal dispute.

Ripple Agrees to Pay $10 Million Penalty

While Ripple has agreed to pay a maximum penalty of $10 million to settle charges related to unregistered securities sales, it vehemently opposes the SEC's demands for disgorgement and prejudgment interest. Ripple CEO Brad Garlinghouse has expressed optimism about Ripple's position, especially in light of recent events involving SEC lawyers. He has cautioned against the grave consequences of the SEC's overreaching policies and expressed confidence in Ripple's legal strategy.

Case Outcome Holds Significance

The outcome of Ripple's legal battle with the SEC has far-reaching implications for both parties and the broader cryptocurrency industry. The court's decision will determine whether XRP is classified as a security, with potential consequences for other digital assets as well.

Ripple's defense has presented compelling arguments challenging the SEC's allegations. The strength of Ripple's legal arguments, coupled with the key testimony of Monica Long, suggests that Ripple is well-positioned in its defense against the SEC's accusations. The final decision by Judge Torres is eagerly anticipated and will have a significant impact on the future of XRP and the cryptocurrency landscape.

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