Bill Morgan supports this claim of the SEC against Ripple
Per Morgan, the regulator’s claim acknowledges investors may be banking on Ripple’s legal endeavors to reap gains rather than the company’s business efforts.
This suggests that the outcome of Ripple’s legal battle against the SEC holds substantial weight in terms of the value of XRP. As such, it highlights the crucial role that the lawsuit plays in shaping the future of cryptocurrency and its investors.
“Paradoxically, the SEC may be correct about investors relying on Ripple’s efforts but not because of Ripple’s business efforts or sales of XRP, but its legal efforts defeating the SEC’s lawsuit should it be successful,” said Bill.
Morgan’s statement emphasizes that investors relying on Ripple’s influence to bolster the value of XRP have little to do with the efforts that the judge in the historic Howey case had in mind.
Expert’s opinion regarding the legal battle
The Securities and Exchange Commission’s lawsuit against Ripple has prompted many supporters of the XRP token to comment on the third and fourth prongs of the Howey Test.
This legal framework determines whether an asset qualifies as an investment contract, and the SEC has invoked it to argue that XRP should be considered an unregistered security.
As the legal battle between Ripple and the SEC continues, pro-XRP lawyers like Bill Morgan, John Deaton, and Jeremy Hogan have raised doubts about the SEC’s argument.
Specifically, these lawyers have questioned the agency’s reliance on the Howey Test to argue that XRP is an investment contract.
John Deaton has suggested that Judge Torres may view Ripple’s action as an offering. Deaton expressed his skepticism about Ripple’s counter-argument that there was no underlying contract to qualify the move as an investment contract.
According to Deaton, this argument may pass in the Second Circuit and Supreme Court, but Judge Torres may not be persuaded by it.