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Ex-SEC Explains Why Secondary Sales Are Not Securities

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Ripple SEC Case: The U.S. Securities and Exchanges Commission (SEC) Wells Notice against NFT marketplace Opensea has fueled debates on whether secondary sales are securities or not. Judge Torres did not issue a ruling on these sales but she stated that a “programmatic buyer stood in the same shoes as a secondary market purchaser.”

Secondary Market Sales Are Not Securities, Ex-SEC Lawyer Agree

Lawyers argue that the U.S. SEC lawsuit against Opensea alleging non-fungible tokens (NFT) as securities, is in conflict with the latest rulings in crypto cases.

Pro-XRP lawyer Bill Morgan revealed that Judge Torres in the SEC v Ripple case ruled that the XRP token in itself is as security. The judge claims the crypto is not a contract, transaction, or scheme that meets the Howey requirements of an investment contract.

Former SEC securities lawyer Marc Fagel agreed that while Judge Torres did not address secondary market sales, “programmatic sales sure sound like secondary market sales”. He also commented on the SEC Commissioners votes regarding the Ripple SEC case remaining confidential until the lawsuit completely ends.

Judge Orrick in SEC vs Kraken warned the agency about distinguishing between the nature of the crypto asset itself and sales of the asset. Moreover, in the SEC v Binance lawsuit, Judge Jackson completely dismissed the SEC’s claims that secondary sales of BNB and sales of BUSD are securities.

Opensea wells notice is seen as an attack on creators and artists. NFTs are fundamentally creative goods: art, collectibles, video game items, domain names, event tickets, and more.

Fagel further explained that secondary sales are not exactly securities, but the court will have to whether Section 5 of the Securities Act is violated. Ripple CLO Stuart Alderoty reveals why a case against Opensea is damaging for the government agency.

SEC Will Not Appeal Ripple SEC Case

The U.S. SEC has nearly 40 days remaining to appeal the remedies ruling. Lawyers believe the government agency can appeal Judge Torres’ summary judgment on XRP sales. The regulator also risks escalation to the Second Circuit Court if they appeal against the ruling.

The Second Circuit Court earlier ruled in favor of Coinbase that secondary market sales of crypto are not securities, adding weight to Judge Torres’ ruling on XRP programmatic sales. Coinbase CLO Paul Grewal took to X to reveal the major win for the crypto industry.

The regulator losing to Ripple in the Second Circuit could create a binding precedent over other courts, thus it discourages the SEC from appealing the Ripple case.

XRP Price Trades Below $0.60

XRP price jumped more than 1% in the past 24 hours, with the price currently trading at $0.57. The 24-hour low and high are $0.566 and $0.576, respectively. Furthermore, the trading volume has decreased by 40% in the last 24 hours, indicating a decline in interest among traders.

However, September could turn out to be bullish for XRP with a potential to rally to $0.75 and even up to $1. As per an XRP price prediction, Ripple’s fundamentals are surprisingly strong despite the uncertainty around potential appeal in the Ripple SEC case. Also, a breakout as whales fill their bags will bring upside momentum.

Total XRP futures open interest also witnessing buying activity, as per CoinGlass data. XRP futures OI jumped 3% in the last 24 hours to 1.10 billion.

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Varinder Singh

Varinder has 10 years of experience in the Fintech sector, with over 5 years dedicated to blockchain, crypto, and Web3 developments. Being a technology enthusiast and analytical thinker, he has shared his knowledge of disruptive technologies in over 5000+ news, articles, and papers. With CoinGape Media, Varinder believes in the huge potential of these innovative future technologies. He is currently covering all the latest updates and developments in the crypto industry.

Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.





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Analyst Forecasts 250% Dogecoin Price Rally If This Level Holds

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A renowned crypto analyst caused a huge market stir by forecasting a highly bullish outlook for Dogecoin price this Thursday. Market expert Ali Martinez revealed that a roughly 250% rally for the dog-themed meme coin to the $0.5 level looms. However, this bull run is possible given that the meme token holds above key support at $0.16. DOGE price exchanged hands at $0.1662 as of press time, igniting optimism over a rally ahead.

Dogecoin Price Eyes Over 250% Gains; Top Analyst Highlights Conditions

Ali Martinez on April 3 revealed that the $0.16 price level presents itself as a ‘make-or-break’ point for Dogecoin price via a post on X. According to him, if the price holds this level, a potential rally to $0.57 awaits, which is up nearly 256% from the current level.

However, failing to hold this level could result in a drop to $0.06, per the analyst. As a result, the key support level remains much-eyed by market watchers as the meme coin currently trades near it.

Dogecoin Price Chart analysisDogecoin Price Chart analysis
Source: Ali Charts, X

As mentioned above, the price is trading at $0.1662 with an intraday loss of over 3%. It bottomed and peaked at $0.1624 and $0.1787 over the past day, preventing losing support of $0.16. In an upshot, market watchers eye the token optimistically, expecting a sustained movement and thereby, a rally.

What Are The Next Resistance Levels For Dogecoin Price?

In another X post shared previously, the same analyst highlighted vital resistance levels for the dog-themed meme coin. Notably, the price faces two key resistance barriers at $0.18 and $0.21.

Dogecoin price resistance levelsDogecoin price resistance levels
Source: Ali Charts, X

A sustained breakthrough above these resistance levels paves the way for a +250% bull run for DOGE price. In the wake of these price dynamics, crypto traders and investors are now glued to the meme coin’s price chart and await a trajectory shift.

Derivatives Data Sparks Speculations

However, Coinglass data has sparked contrary investor speculations by showcasing a decline in futures OI. DOGE futures OI was down over 3% to $1.56 billion today. This stat underscored slightly reduced investor interest in the meme token despite bullish predictions. Besides, the derivatives volume witnessed a 40% jump to $5.24 billion, adding a layer of intrigue to the market sentiment.

Crypto market traders and investors expect short-term volatility amid the dynamic market stats, whilst long-term prospects remain bullish. Also, a Dogecoin price prediction by CoinGape revealed that the technical chart on the weekly time frame showcases a bullish engulfing pattern. This formation suggests a strong momentum favoring buyers. Overall, broader market sentiments orbiting the meme coin remain bullish.

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Coingape Staff

CoinGape comprises an experienced team of native content writers and editors working round the clock to cover news globally and present news as a fact rather than an opinion. CoinGape writers and reporters contributed to this article.

Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.





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Binance Sidelines Pi Network Again In Vote To List Initiative, Here’s All

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As Binance’s Vote to List initiative kicks off, the exchange has turned its back on Pi Network for the second time. Binance is proceeding with the decentralized listing program but Pi Network is noticeably absent from the raft of cryptocurrencies.

Pi Network Fails To Make Binance List

Pi Network enthusiasts are in limbo following the absence of the token in Binance’s Vote to List initiative. According to a press release, Binance has opened voting for its second Vote to List initiative.

This time, 12 tokens are up for community voting, with Binance proceeding to spot-list successful tokens. Apart from vote count, Binance says it will consider trading demand, a risk assessment, and a compliance check to decide on tokens that will make the listing.

The selected tokens include VIRTUAL, BIGTIME, UXLINK, MORPHO, GRASS, ATH, WAL, SAFE, ZETA, IP, ONDO, and PLUME. While the first focused on memecoin, the second iteration beams a searchlight on utility tokens cutting across several verticals.

Back in March, Binance excluded Pi Network from its first edition of the Vote to List initiative. Binance has clarified that only BNB-based projects will be allowed to participate in the Vote to List initiative, dousing optimism for Pi Network enthusiasts.

When Will Binance List The Asset?

Despite Pi missing out on the Vote to List program, there is still a ray of hope for community members. Binance can list Pi via a direct listing in the future but a timeline is unavailable.

Experts say a lack of transparency by The PiCoreTeam (PCT) is a reason why Binance has not listed Pi Network. Particularly, the exchange took swipes at the PCT for failing to give proper disclosures on the Pi Network’s locking and burning mechanism.

Pi Network secured a major listing on the BTCC Exchange, bringing the token closer to being listed on mainstream exchanges. While a listing hovers on the horizon for Pi, the PCT’s domain auction is gathering steam with over 200,000 bids.

Pi price has been largely underwhelming over the last day, losing nearly 5%. Pi trades at $0.6646 to drop below the $0.7 mark for the first time in over a month.

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Aliyu Pokima

Aliyu Pokima is a seasoned cryptocurrency and emerging technologies journalist with a knack for covering needle-moving stories in the space. Aliyu delivers breaking news stories, regulatory updates, and insightful analysis with depth and precision. When he’s not poring over charts or following leads, Aliyu enjoys playing the bass guitar, lifting weights and running marathons.

Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.





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First Digital Trust Denies Justin Sun’s Allegations, Claims Full Solvency

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Following a reserve crisis that hit TrueUSD and Justin Sun’s intervention, First Digital Trust denied claims of insolvency. The Trust, at the center of the fiasco, says it is fully solvent while accusing Sun of sensationalism.

First Digital Trust Refutes Allegations Of Insolvency

First Digital Trust has released a statement debunking allegations of financial impropriety and insolvency. According to the statement, First Digital Trust says it is completely solvent while accusing Justin Sun of falsehood.

The Trust has been at the center of a whirlpool of a liquidity crisis involving TrueUSD (TUSD) with Justin Sun stepping in to stabilize the stablecoin with a capital injection. The Tron founder launched a tirade against the Hong Kong-based trust, accusing it of financial mismanagement including unauthorized trade finance loans.

“The recent allegations by Justin Sun against First Digital Trust are completely false,” read the statement.

The Trust disclosed that its FDUSD stablecoin is solvent and backed by US Treasury Bills. Per the statement, the legal dispute surrounding TUSD has nothing to do with FDUSD, accusing Sun of a smear campaign. First Digital Trust says it has not had the opportunity to defend itself in court, accusing Sun of launching social media attacks.

“This is a typical Justin Sun smear campaign to try to attack a competitor to his business,” added First Digital Trust.

Justin Sun Maintains His Stance

Justin Sun remains firm in his resolve that First Digital Trust is insolvent while urging investors to cut ties with FDUSD. He warns that the Trust founder Vincent Chok will face the full wrath of the justice system.

“First Digital Trust (FDT) is in fact insolvent,” said Sun. “If you have any relationship with it, please cut off contact as soon as possible to protect your assets.”

Following his accusations, FDUSD lost its peg and traded at a low of $0.88, a steep drop before crawling to $0.98. The loss of $130 million from its market capital has rattled investors with critics taking swipes over its de-pegging.

The Tron founder has covered every blade of grass in recent days, buying $75M of the Trump memecoin. Last week, Justin Sun weighed in on TRX’s halving proposal, supporting a proposal to mirror Bitcoin’s pattern.

The stablecoin drama comes as the US is inching toward tighter stablecoin regulation with the GENIUS Act and STABLE Act.

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Aliyu Pokima

Aliyu Pokima is a seasoned cryptocurrency and emerging technologies journalist with a knack for covering needle-moving stories in the space. Aliyu delivers breaking news stories, regulatory updates, and insightful analysis with depth and precision. When he’s not poring over charts or following leads, Aliyu enjoys playing the bass guitar, lifting weights and running marathons.

Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.





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