SEC, Ripple receive mixed ruling on XRP status as security with trial now possible

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SEC, Ripple receive mixed ruling on XRP status as security with trial now possible
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ICYMI: SEC lawsuit over whether XRP is a security will go to trial

A federal district judge declined to issue a summary judgement requested by both the Securities and Exchange Commission and Ripple in the enforcement over whether XRP is an unregistered security, sending the issue to trial.Connect/Create WalletNo wallet? No problem. You can set one up for free. We recommend Torus for first-time users.

At the heart of that dispute is whether the company’s native XRP token is an unregistered security, and the sale of it, which has banked the company billions, is unlawful. The agency accused Ripple in 2020 of illegally raising $1.3 billion through the sale of XRP and also sued CEO Brad Garlinghouse and co-founder Chris Larsen. XRP became the fourth-largest cryptocurrency by market capitalization, after its price shot upTorres ruled partially in favor of both sides.

"For the foregoing reasons, the SEC’s motion for summary judgment is granted as to the institutional sales, and otherwise denied," the judge ruled on Thursday."Defendants’ motion for summary judgment is granted as to the programmatic sales, the other distributions, and Larsen’s and Garlinghouse’s sales, and denied as to the institutional sales."

"We are pleased that the court found that XRP tokens were offered and sold by Ripple as investment contracts in violation of the securities laws in certain circumstances," the SEC said in a statement provided to The Block, touting that the court agreed with the agency on application of the Howey test to crypto transactions while characterizing Ripple's own securities test as"made-up".

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