Regulation
US SEC to Appeal XRP Secondary Sales In Ripple Lawsuit, Says Ex-SEC
Former SEC official Marc Fagel has indicated that the U.S. Securities and Exchange Commission (SEC) may appeal the court ruling regarding secondary sales of XRP. This follows a landmark decision which found that primary sales of XRP were not securities. However, Fagel highlighted that the Ripple case did not address secondary market sales, which the SEC might now target.
Ex-SEC Marc Fagel Predicts SEC Appeal in Ripple XRP Case
According to Marc Fagel, the SEC is likely to appeal the decision on the secondary sales of XRP. He emphasized that the previous Ripple court ruling explicitly excluded these sales from its verdict, thus opening a window for the SEC to readdress this issue.
The former SEC official emphasized,
”I’m just saying they’re not foreclosed by the Ripple decision from bringing a case against another entity selling XRP as a security”
Fagel’s commentary sheds light on potential future actions by the SEC, which remains vigilant in interpreting what constitutes security under its jurisdiction.
In response, Lawyer Bill Morgan questioned the rationale behind treating the Bitnomial XRP futures as security futures contracts. He pointed out the inconsistency in regulatory enforcement, especially when comparing XRP to similar cases with Ethereum (ETH), where the SEC had previously shown no objections to the futures contracts.
Morgan expressed frustrations, stating,
“I cannot abide such arbitrary enforcement. No wonder the crypto market is so distorted towards Bitcoin and Ethereum.”
Legal Challenges and Industry Reactions
In addition, Ripple CEO Brad Garlinghouse has criticized the SEC’s persistent stance that XRP is a security despite court rulings suggesting otherwise. His criticisms underscore a broader industry frustration over what many see as arbitrary and overreaching regulatory actions.
Garlinghouse’s comments came after the SEC was perceived as disregarding a judicial decision during its ongoing litigation with the crypto derivatives exchange Bitnomial. In support, Brad promised Ripple would follow up on the developments to hold the commission accountable.
Moreover, the Bitnomial case itself has become a significant point of contention. The exchange has argued that XRP futures should be regulated by the Commodity Futures Trading Commission (CFTC), not the SEC. Concurrently, the exchange advocates that XRP is not a security and should not be subjected to such stringent securities laws.
These developments come amid Ripple’s cross-appeal in the ongoing legal battle with the US Securities and Exchange Commission (SEC). This strategic legal move by Ripple aims to address unresolved issues beyond the initial ruling that XRP is not a security. Specifically, the cross-appeal will tackle the broader implications of the SEC’s claims about XRP sales on various exchanges and other distributions, which the SEC had attempted to appeal earlier.
Ronny Mugendi
Ronny Mugendi is a seasoned crypto journalist with four years of professional experience, having contributed significantly to various media outlets on cryptocurrency trends and technologies. With over 4000 published articles across various media outlets, he aims to inform, educate and introduce more people to the Blockchain and DeFi world. Outside of his journalism career, Ronny enjoys the thrill of bike riding, exploring new trails and landscapes.
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.
The U.S. Attorney’s Office in Manhattan plans to reduce its focus on cryptocurrency-related crimes. This decision follows a series of major legal victories, according to Scott Hartman, co-chief of the securities and commodities task force at the Southern District of New York (SDNY). These include the high-profile conviction of Sam Bankman-Fried, founder of FTX.
Manhattan US Attorney to Focus Less on Crypto Fraud Amid Leadership Shift
The Manhattan US Attorney’s Office will now slow down on enforcing cases of cryptocurrency scams after it had increased its activity in the previous year. Scott Hartman made this admission during a conference held in New York stating that fewer prosecutors will now be focusing on these kinds of crimes.
He mentioned that the office had dealt with many of the severe fraud issues arising from the market volatility during the 2022 cryptocurrency winter.
Moreover, Hartman clarified that the reduced focus reflects the office’s strategic realignment. This shift comes as other regulatory agencies, such as the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC), maintain their active roles in monitoring crypto regulations.
Ex-SEC Chair Jay Clayton To Lead Manhattan Attorney’s Office
The cuts in resources for crypto cases occur when there is likely to be a change in leadership at the Manhattan US Attorney’s Office. The new front-runner for the position of U.S. Attorney once Trump gets into office is former SEC Chair, Jay Clayton.
Clayton, who was director of the SEC from 2017 to 2021, took a less confrontational stance than current SEC Chair Gary Gensler did. Notably, the crypto community witnessed a heated debate over the SEC leadership criticizing the current administration approach. As such, several crypto enthusiasts including ex-SEC official John Reed Stark demanded that Gary Gensler resign.
The appointment of Clayton suggests a potential recalibration of priorities within the Manhattan US Attorney’s Office. As the office changes its leadership it is expected that it will shift its attention to other general issues concerning securities and commodities.
Even more so, the Manhattan US Attorney’s Office has hit success in several cases involving the crypto business, among them that of SBF, the former head of FTX. All these legal achievements have defined a significant stage in the fight against crypto fraud.
Hartman noted that the successful handling of major cases allowed the office to adjust its allocation of resources. Moving forward, fewer prosecutors will be tasked with investigating cryptocurrency crimes as the office prioritizes other enforcement.
Despite reducing its focus, the Manhattan US Attorney’s Office emphasized ongoing collaboration with agencies like the SEC and CFTC. Hartman acknowledged that these regulatory bodies ensure continued oversight and enforcement against unlawful activities. This cooperative approach aims to maintain accountability while enabling the office to concentrate on a wider range of legal priorities.
Ronny Mugendi
Ronny Mugendi is a seasoned crypto journalist with four years of professional experience, having contributed significantly to various media outlets on cryptocurrency trends and technologies. With over 4000 published articles across various media outlets, he aims to inform, educate and introduce more people to the Blockchain and DeFi world. Outside of his journalism career, Ronny enjoys the thrill of bike riding, exploring new trails and landscapes.
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.
A Dogecoin lawsuit against Elon Musk has come to a close after investors decided to withdraw their appeal. The case, which accused Musk of fraud and insider trading related to the cryptocurrency, had been dismissed earlier this year.
The withdrawal also includes a request to drop related sanctions against Musk’s lawyers, marking the end of a high-profile legal battle in federal court.
Dogecoin Lawsuit Against Elon Musk and Tesla Ends
The Dogecoin lawsuit, originally filed by Dogecoin investors, alleged that Musk and his electric car company Tesla engaged in fraudulent activities to manipulate Dogecoin’s price. Investors claimed Musk’s tweets, public appearances, and statements—including on NBC’s “Saturday Night Live”—were used to profit at their expense.
The investors initially sought $258 billion in damages, amending their complaint four times over two years. However, on August 29, U.S. District Judge Alvin Hellerstein dismissed the case, stating that reasonable investors could not establish securities fraud based on Musk’s public statements. The judge noted that Musk’s comments, such as describing Dogecoin as the “future currency of Earth,” could not be reasonably interpreted as market manipulation or insider trading.
Subsequently, this week, the investors have formally withdrew their appeal and their motion to sanction Musk’s legal team for alleged misconduct. Similarly, Musk and Tesla dropped their motion to sanction the investors’ lawyer for what they called a “frivolous” and ever-changing lawsuit. Both parties as a result filed a stipulation to dismiss the case in Manhattan federal court on Thursday night, pending final approval by Judge Hellerstein.
This Is A Breaking News, Please Check Back For More
Kelvin Munene Murithi
Kelvin is a distinguished writer with expertise in crypto and finance, holding a Bachelor’s degree in Actuarial Science. Known for his incisive analysis and insightful content, he possesses a strong command of English and excels in conducting thorough research and delivering timely cryptocurrency market updates.
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.
Amid the ongoing race to replace Gary Gensler as the Chairman of the US Securities and Exchange Commission (SEC), Chris Giancarlo has dispelled rumors that he’s under consideration for the job. Known as “Crypto Dad,” Chris Giancarlo’s name popped up as one of the high-profile regulators capable of replacing the US SEC chair.
US SEC Chair and the Chris Giancarlo Clarification
Besides the general change in leadership that comes with a new administration, Donald Trump plans to fire Gary Gensler right from his first day in office. With Trump’s victory over Kamala Harris, it becomes evident that Gensler is in his last days in office.
Commenting on the trend and his prospect for the role, Chris Giancarlo said he once cleaned up Gensler’s mess at the Commodity Futures Trading Commission (CFTC) and has no plans to do it again. It is worth noting that before taking up the US SEC Chair position, Gensler served as the CFTC Chairman from May 26, 2009, to January 3, 2014.
Chris Giancarlo took over from him as CFTC Commissioner on June 16, 2014, for a term expiring on April 13, 2019. He bagged President Donald Trump’s nomination for a full-time role on August 3, 2017. Having served in the same capacity as Gensler, the Crypto Dad said the DC rumors are wrong.
As for reports that I’m in mix to run @SECGov, I’ve made clear that I’ve already cleaned up earlier Gary Gensler mess @CFTC and don’t want to have do it again. DC rumors that I’m interested in some #crypto role @USTreasury are also wrong.
— Chris Giancarlo (@giancarloMKTS) November 14, 2024
Beyond the US SEC tag, Giancarlo has also debunked claims that he’s in line for the US Treasury Secretary role.
Who Will Replace Gary Gensler?
Many named Chris Giancarlo a good fit for the SEC chairman role because of his advocacy work in the industry. As reported earlier by Coingape, even pro-XRP lawyer turned-politician John Deaton once endorsed Giancarlo for the Chairmanship role.
As Chris Giancarlo dispelled the rumors, John Deaton noted that the callout shows the damage Gensler did to both the SEC and CFTC.
With Crypto Dad ruling himself out, the top picks now include current SEC Commissioners Mark Uyeda, Hester Peirce, and Robinhood CLO Dan Gallagher, who are the leading candidates for the role. While President Trump may choose a completely new name, what the industry places a premium on is someone with a pro-crypto mindset.
Godfrey Benjamin
Benjamin Godfrey is a blockchain enthusiast and journalists who relish writing about the real life applications of blockchain technology and innovations to drive general acceptance and worldwide integration of the emerging technology. His desires to educate people about cryptocurrencies inspires his contributions to renowned blockchain based media and sites. Benjamin Godfrey is a lover of sports and agriculture.
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.
Manhattan US Attorney To Reduce Crypto Cases After Major Convictions, Prosecutor Reveals
Analyst Predicts Cardano Price Will Hit $6, Here’s When
AI Tokens of the Week
PEPE Experiences Pullback, But Bulls Remain Hopeful
Dogecoin Lawsuit Against Elon Musk Ends As Investors Withdraw Appeal
Can Moo Deng Market Cap Hit $1 Billion After 40% Hike?
2.52 Million Altcoins Are Ruining Crypto’s Future
Animoca Brands Valuation Tanks 75% In Two Years, Here’s Why
Crypto exchange BingX hacked for $43 million
Are The Big Players Losing Interest?
Hong Kong’s Securities Association Tips Authorities On Crypto Self-Regulation
Coinbase cbBTC Set to go Live on Solana
2.52 Million Altcoins Are Ruining Crypto’s Future
Animoca Brands Valuation Tanks 75% In Two Years, Here’s Why
Crypto exchange BingX hacked for $43 million
Are The Big Players Losing Interest?
Hong Kong’s Securities Association Tips Authorities On Crypto Self-Regulation
Coinbase cbBTC Set to go Live on Solana
-
Market17 hours agoUniswap (UNI) Price Vulnerable to Further Downside Pressure
-
Market9 hours agoCrypto fear and greed rises as investors turn to Vantard
-
Market18 hours agoFET Price Underperforms in Competitive AI Crypto Space
-
Altcoin11 hours agoDogwifhat Smart Whale Dumps Heavily Booking Profit, Has WIF Price Topped?
-
Altcoin17 hours agoDogecoin Price To $3, XRP To $5, And PNUT To $5? Analyst Shocks Crypto With 12-Month Forecast
-
Market23 hours agoWhy the Aptos Token Price May Struggle to Recover
-
Market16 hours agoWill Profit-Taking Slow the Surge?
-
Market22 hours agoWill the Altcoin Season Cycle Begin Soon? Analyst Weighs In
✓ Share: