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SEC fights back against Ripple Legal experts Interlocutory app

Date:2024-04-25 18:48:45 Channel:Exchange Read:
The SEC (U.S. Securities and Exchange Commission) recently launched a lawsuit against the cryptocurrency Ripple, accusing its XRP tokens of being illegal securities. This lawsuit has attracted widespread attention in the industry, and Ripple has stated that it will conduct an interlocutory appeal. However, legal experts generally believe that the likelihood of approval of the interlocutory appeal is not optimistic. Let’s dive into the background of the SEC’s fight against Ripple, what legal experts say, and the challenges of interlocutory appeals.
The SEC’s lawsuit against Ripple is not a sudden incident, but is based on its long-term supervision of the cryptocurrency market. The SEC believes that Ripple violated securities laws by raising funds through the issuance of XRP tokens without proper registration. This accusation caused a shock in the market, and investor confidence in the XRP token fell sharply. In this legal dispute, Ripple not only has to face SEC accusations, but also needs to deal with doubts from the market and investors. The situation is grim.
Amid this legal storm, Ripple announced that it would conduct an interlocutory appeal in an attempt to overturn the SEC’s charges. However, legal experts are not optimistic about the prospects of interlocutory appeals. They pointed out that an interlocutory appeal needs to meet a series of conditions, including significant disputes over legal issues and significant impact on public interest. In the SEC's lawsuit against Ripple, there are many complex legal issues, and it is understandable that it is difficult to approve the intermediary appeal.
It is worth noting that interlocutory appeals are not easy and require overcoming many difficulties and challenges. First, the interlocutory appeal requires the applicant to raise significant controversial legal issues, and in the SEC’s lawsuit against Ripple, the complexity of the legal issues is self-evident. Secondly, interlocutory appeals need to meet the requirements of public interest, that is, have a significant impact on society. As an important participant in the cryptocurrency market, the outcome of Ripple's lawsuit will affect the future development direction of the entire industry, which also increases the difficulty of intermediate appeals.
In addition, interlocutory appeals also need to take into account the complexity and time-consuming nature of the litigation process. A legal dispute involving cryptocurrency and securities laws often requires a lengthy trial process, during which it may face market fluctuations, investor confidence and other issues. Against this background, the approval of interlocutory appeals will face greater challenges, and Ripple needs to be fully prepared and have coping strategies.
In general, the SEC's lawsuit against Ripple caused market shock, and Ripple's intermediate appeal road was full of challenges and difficulties. Legal experts generally believe that the likelihood of approval of the interlocutory appeal is not optimistic. In this legal storm, Ripple needs to deal with it prudently and find a way out. Future development is still full of uncertainties and challenges. Only by being prepared can we meet unknown challenges. The SEC’s war against Ripple has just begun.

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Coin Circle (120BTC.COM) News: The U.S. Securities and Exchange Commission (SEC) released a latest court document on the 9th, stating that they have submitted a letter to the Southern District Court of New York, requesting an "interlocutory appeal" against the ruling in the Ripple case, hoping that the court It can be proven that Ripple’s selling of XRP through exchanges does not involve securities activities under the Howey test.

 Ripple Attorney General: Response will be submitted to the court next week

In this regard, Ripple Chief Legal Officer Stuart
Alderoty confidently stated in a personal tweet: The SEC does not yet have the "right" to appeal, which is why they requested an "interlocutory" appeal. Ripple will submit a response to the court next week. stay tuned.

 Legal experts: Interlocutory appeals are difficult to get approved

What is an interlocutory appeal? It is understood that an interlocutory appeal refers to an appeal against certain decisions of the judge before the final trial of the case. In the United States, interlocutory appeals are generally only allowed under special circumstances, such as when the judge's decision may have a significant impact on the case, when the judge's decision violates the constitution, to prevent irreparable harm, etc.

Interlocutory appeals can slow down the entire legal process and increase the complexity of the case. Therefore, many jurisdictions have specific rules and criteria for granting interlocutory appeals to ensure that they are used judiciously only where necessary.

Regarding the SEC’s appeal request, FOX Business reporter Eleanor
Terrett also posted this morning: From everything I’ve learned about interlocutory appeals from legal professionals, it’s notoriously difficult to get approved. The SEC would need approval from Judge Torres and the Second Circuit Court of Appeals.

 Judge: Jury trial to be held in Q2 2024

In addition, according to a report by The Block yesterday (9th), Analisa, who made a summary judgment
Judge Torres has just announced plans to conduct a jury trial in the U.S. SEC’s lawsuit against Ripple in the Southern District Court of New York in the second quarter of 2024.

Last month, Judge Torres also ordered the prosecution of Ripple CEO Brad Garlinghouse and co-founder Chris
Larsen is conducting a jury trial to determine whether they are liable for illegal securities sales to institutional investors who purchased hundreds of millions of dollars worth of XRP.

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