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What Experts Say About Potential SEC Appeal

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The US Securities and Exchange Commission (SEC) is likely to appeal against the court’s July 13 decision in the Ripple case.

As it happened, Federal Court Judge Analisa Torres determined that the XRP token is only a security when sold to institutional investors.

Experts Weigh In: Will SEC Appeal Ripple XRP Ruling by October 7?

Fox Business reporter Eleanor Terrett, citing a former SEC lawyer, said the securities regulator could appeal Judge Torres’s ruling, which had granted Ripple Labs a partial victory.

“Everyone over there [at the SEC] truly believes that the decision is wrong, that it’s not good law, and should be appealed,” read the report.

BeInCrypto recently reported that the SEC dropped claims against Ripple executives Chris Larsen and Brad Garlinghouse. This sparked speculation of an appeal focused on programmatic sales.

Several legal experts have commented on this speculation, including XRP advocate and Massachusetts Senate candidate John Deaton.

John Deaton

Deaton says Judge Torres’s ruling was very fact-specific, relying on the submitted XRP holder affidavits. Further, the SEC failed to establish a “common enterprise.” This is the second condition of the Howey Test, and appealing the ruling would not make sense.

 “An appellate court could say, just as Judge Torres acknowledged, there could be a scenario where secondary sales could qualify as investment contracts because the facts meet all the Howey factors. But in the Ripple XRP case, the facts presented just don’t satisfy it. Thus, the case gets affirmed on appeal but it doesn’t prevent the SEC from arguing secondary sales constitute investment contracts in other cases,” Deaton noted.

Read more: Everything You Need To Know About Ripple vs. SEC

The Howey Test outlines four criteria that must be met for an investment contract to qualify as a security. First, there must be an investment of money. Second, the investment must be in a common enterprise. Third, there should be an expectation of profits. Finally, these profits should result from the efforts of others.

Judge Torres’s key finding in the Ripple case hinged on the third requirement. Specifically, the court determined that XRP’s sale on exchanges did not meet the expectation of profits based on the efforts of others. The ruling concluded that selling XRP on exchanges, where buyers purchased through an order book rather than directly from Ripple in an ICO or IEO, did not violate securities law.

John Deaton, who played a significant role in the case, submitted an Amicus Brief on behalf of XRP holders. His efforts contributed to the court’s ruling, with Judge Torres citing his submission of 3,800 affidavits from XRP holders as part of the decision.

Fred Rispoli

Another legal expert and XRP advocate, attorney Fred Rispoli, also weighed in. He articulated that the court explicitly said “programmatic sales” and not “secondary sales.” Per Rispoli, if an appeal does happen, it would be against the loss on programmatic sales.

This is because secondary sales on exchanges were excluded from the Court’s consideration and were not decided. Therefore, it cannot be an appellate issue.

“The difference is Ripple selling on an exchange as opposed to others selling on an exchange to each other. Page 23, n.16 of the 7/13/23 order addresses this,” Rispoli explained.

Looking ahead, Rispoli says XRP could surpass its peak price of $1.96 in 2021 and set a new all-time high.

Jeremy Hogan

Attorney Jeremy Hogan, who has garnered a huge following across social media, lending his expertise on legal matters in the cryptocurrency space, also commented. The partner at Hogan & Hogan law firm said the SEC had lost the plot. In his opinion, the securities regulator should consider what an appeal would mean for its mandate of investor protection and capital formation.

Meanwhile, investigative journalist Jungle Inc Crypto on X urges the SEC to appeal if it thinks the ruling on programmatic sales is wrong. This stance is based on the assumption that the secondary market needs more protection, as it comprises less knowledgeable investors. Nevertheless, the journalist insists that the SEC should first reflect on its real motive.

“The real question is whether the ruling was truly incorrect, or if the SEC simply doesn’t like the outcome. As Gary Gensler often says, disliking a law is different from not understanding it. If the SEC just does not agree with the current law, they should not appeal but should push Congress for updated regulations,” Jungle Inc Crypto wrote.

Read more: Crypto Regulation: What Are the Benefits and Drawbacks?

XRP Price Performance
XRP Price Performance, Source: BeInCrypto

As a result, the case remains unresolved, and the XRP community eagerly awaits further updates. The deadline for an appeal is set for October 7.

According to data from BeInCrypto, XRP is currently trading at $0.59, reflecting a modest 0.66% increase since the market opened on Friday.

Disclaimer

In adherence to the Trust Project guidelines, BeInCrypto is committed to unbiased, transparent reporting. This news article aims to provide accurate, timely information. However, readers are advised to verify facts independently and consult with a professional before making any decisions based on this content. Please note that our Terms and ConditionsPrivacy Policy, and Disclaimers have been updated.



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AI Tokens of the Week

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Undeniably, there has been a broader market pullback over the past couple of days. However, several AI-focused tokens have managed to post gains despite the downturn.

In this analysis, BeInCrypto highlights three AI coins with significant price growth.

AIOZ Network (AIOZ)

AIOZ, the native token of the AIOZ Network—a decentralized platform that leverages a global network of nodes to deliver content—has noted a 45.63% price surge over the past seven days. It is one of the AI tokens of the week to pay attention to. As of this writing, it trades at $0.75. 

At its current price, the altcoin trades above its 20-day exponential moving average (EMA). The 20-day EMA calculates the average price over the past 20 days, with more emphasis on recent data points.

This setup indicates a short-term bullish trend. It signals that buying pressure is prevailing and the asset is in an uptrend.

If AIOZ maintains this upward trend, its price may climb toward $0.79. A successful rally past this level may set it on the path to reclaim its year-to-date high above $1.

However, there is a catch. Its plummeting Chaikin Money Flow (CMF) indicates that the buying pressure is weakening. AIOZ’s CMF, which tracks money flows into and out of its market, is below zero at -0.02. 

AIOZ AI Price Analysis
AIOZ Price Analysis. Source: TradingView

When an asset’s CMF is negative during a price rally, buying pressure is waning, thus forming a bearish divergence. This divergence is a warning signal that the rally may not be sustainable and could face a reversal if the selling pressure continues.

AIOZ’s price may fall to $0.61 if this happens, invalidating the bullish outlook above.

Render (RENDER)

The price of the leading AI-based token Render (RENDER) has spiked by 34% over the past seven days, making it one of the top AI tokens of the week. During the week in review, the AI-based token rallied to a five-month high of $7.20 before witnessing a pullback over the past 24 hours due to the general market downturn. Nonetheless, it trades at $6.69 and still enjoys a bullish bias.

RENDER’s Parabolic Stop and Reverse (SAR) indicator confirms this bullish outlook. As of this writing, the indicator’s dots, which identify an asset’s trend direction and potential reversal points, rest below RENDER’s price. 

When the Parabolic SAR dots are positioned under an asset’s price, it suggests that the asset is enjoying upward pressure and the trend is bullish. Traders interpret this as a signal to go long and exit short positions.

If this trend persists, RENDER’s price will likely test resistance at $7.39. A successful breakout could propel the token towards $8.62.

RENDER AI Price Analysis
RENDER Price Analysis. Source: TradingView

However, if profit-taking activity resurges, this bullish outlook may be invalidated. The token’s price may fall to $5.87.

NEAR is another AI token that has performed impressively over the past week. It exchanges hands at $5.52 and has logged a 31% rally in the week under review. 

Its Elder-Ray Index confirms that the bulls remain in market control and are attempting to push NEAR’s price higher.  At press time, the indicator’s value stands at 1.07. 

The Elder-Ray Index measures the strength of buyers (bulls) and sellers (bears) in the market. When its value is positive, it generally means that buyers are stronger than sellers, indicating a bullish market sentiment. 

If buying pressure strengthens, NEAR’s price will break above resistance at $6.04 and attempt to trade at $6.74, a high last reached in June. 

NEAR AI Price Analysis.
NEAR Price Analysis. Source: TradingView

However, shifting market sentiment from positive to negative will invalidate this bullish thesis. If selling activity gains momentum, NEAR’s price may drop below $5 to trade at $4.47.

Disclaimer

In line with the Trust Project guidelines, this price analysis article is for informational purposes only and should not be considered financial or investment advice. BeInCrypto is committed to accurate, unbiased reporting, but market conditions are subject to change without notice. Always conduct your own research and consult with a professional before making any financial decisions. Please note that our Terms and ConditionsPrivacy Policy, and Disclaimers have been updated.



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PEPE Experiences Pullback, But Bulls Remain Hopeful

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Pepe’s Coinbase listing pushed its price to an all-time high of $0.000025 yesterday, November 14. However, due to the broader market correction, it has witnessed an 8% pullback over the past 24 hours.

Despite the dip, bullish sentiment around the meme coin remains strong. This suggests a potential revival of its uptrend and an attempt to reclaim its all-time high.

PEPE Traders Anticipate Further Gains

Yesterday, PEPE recorded a 75% intraday rally after leading cryptocurrency exchange Coinbase confirmed its listing on its spot market using a frog emoji. BeInCrypto reported that this coincided with Robinhood’s decision to list the meme coin, which drove it to an all-time high of $0.000025 during yesterday’s trading session. 

Although it has since slipped by 17% to trade at $0.000021 at press time, the meme coin continues to enjoy a significant bullish bias.

The positive reading from its Elder-Ray Index is one confirmation of this. As of this writing, it stands at 0.000011. For context, yesterday, it rose to 0.000018, its highest level ever.

PEPE Elder-Ray Index
PEPE Elder-Ray Index. Source: TradingView

The Elder-Ray Index assesses the strength of bullish and bearish pressures in the market. When its value is positive, it means that bull power is dominant. It indicates strong buying pressure in the market and offers a good opportunity for traders looking to take a long position.

Notably, PEPE’s funding rate confirms the preference for long positions among its futures traders. Per Santiment, the meme coin’s funding rate, which is the periodic fee paid to keep an asset’s contract price aligned with its spot price, is 0.013% at press time. 

PEPE Funding Rate
PEPE Funding Rate. Source: Santiment

When the funding rate is positive, long-position holders pay short-position holders to maintain their trades. This indicates that there are more buyers than sellers in the market, suggesting bullish sentiment, as it reflects higher demand for the asset and a willingness to pay to keep long positions open.

PEPE Price Prediction: It All Lies With the General Market

PEPE is currently trading at $0.000021. If broader market sentiment improves, the meme coin could break through the newly formed resistance at $0.000022. A successful breach would pave the way for the PEPE meme coin’s price to reclaim its all-time high of $0.000025 and potentially rally beyond it in the short term.

PEPE Price Analysis.
PEPE Price Analysis. Source: TradingView

However, a sustained decline in demand would push PEPE’s price lower, invalidating the bullish outlook. In this case, the meme coin could drop by 17% to $0.000018. If selling pressure intensifies at this level, the PEPE meme coin’s price may slide further to $0.000015.

Disclaimer

In line with the Trust Project guidelines, this price analysis article is for informational purposes only and should not be considered financial or investment advice. BeInCrypto is committed to accurate, unbiased reporting, but market conditions are subject to change without notice. Always conduct your own research and consult with a professional before making any financial decisions. Please note that our Terms and ConditionsPrivacy Policy, and Disclaimers have been updated.



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Can Moo Deng Market Cap Hit $1 Billion After 40% Hike?

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The market cap of Solana-based meme coin Moo Deng (MOODENG) has surpassed $600 million following a 40% price increase in the last 24 hours. The milestone also saw the cryptocurrency’s value rally to a new all-time high of $0.63.

Interestingly, this development comes amid a sideways market movement, suggesting that the meme coin has decoupled from the broader trend. What’s next for the token?

Market Attention Shifts to Moo Deng

On Thursday, November 14, the Moo Deng market cap was less than $300 million. However, as demand increased for the hippo-themed meme coin, the price climbed from $0.35 to $0.62.

This price increase also affected the market capitalization since the metric is the product of circulating supply and price. According to data from Santiment, the token’s market cap is $625 million at press time.

MOODENG’s rise to a new all-time high could linked to the trending narrative around hippo-themed meme coins. For instance, yesterday, Binance listed sudeng (HIPPO), a meme coin built on the Sui blockchain. As a result, the hype around HIPPO spread to MOODENG since the latter inspired the former’s creation.

Moo Deng market cap
Moo Deng Market Cap. Source: Santiment

Furthermore, on-chain data shows a massive rise in the token’s social dominance. Social dominance measures the proportion of discussions focused on a specific asset.

An increase in social dominance indicates that discussions about the token are surpassing the average focus on top cryptocurrencies. Conversely, a decrease suggests the market is shifting attention away from the token toward others.

In MOODENG’s case, the rise in social dominance reflects growing market interest. If this trend persists, the cryptocurrency’s volume and price could continue to surge.

MOODENG social dominance
Moo Deng Social Dominance. Source: Santiment

MOODENG Price Prediction: Rally Could Run to $0.70

A look at the 4-hour chart shows that MOODENG’s price has rallied above the key Exponential Moving Averages (EMAs). When the EMA is below the price during an uptrend, it acts as a support level. Conversely, when the EMA is above the price during a downtrend, it serves as a resistance level.

Therefore, the current positions of the 20 EMA (blue) and 50 EMA (yellow) suggest that MOODENG’s price might continue to rise. If the indicators maintain their positions below the meme coin’s value, then the value might climb to $0.70, with Moo Deng’s market cap inching closer to $1 billion.

Moo Deng price analysis
Moo Deng 4-Hour Analysis. Source: TradingView

However, if momentum slows, the anticipated move may not materialize. Instead, the price could face a double-digit decline.

Disclaimer

In line with the Trust Project guidelines, this price analysis article is for informational purposes only and should not be considered financial or investment advice. BeInCrypto is committed to accurate, unbiased reporting, but market conditions are subject to change without notice. Always conduct your own research and consult with a professional before making any financial decisions. Please note that our Terms and ConditionsPrivacy Policy, and Disclaimers have been updated.



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