Ripple Chief Legal Officer Stuart Alderoty criticized the United States Securities and Exchange Commission (SEC) appeal as another “hypocritical pivot” by the regulator after years of insisting that the “rules are clear and must be obeyed.”
The statement comes in light of the SEC stating in its latest filing that the Second Circuit needs to review the “knotty legal problems” in applying the Howey Test.
SEC Files Response to Ripple
The SEC discussed the knotty legal problems in its September 8 motion, urging the Court to certify its interlocutory appeal.
The regulatory watchdog argues that two separate courts within the same District have arrived at differing legal conclusions on the very same matter. Furthermore, it noted that other courts are deliberating on similar legal questions.
The SEC contends that permitting the appeal and issuing a stay would be prudent. It continued that this would not only benefit it but also Ripple and all parties involved by conserving valuable resources.
Additionally, the SEC highlights that such an appeal could open the door for Ripple to seek a review from the Appeal Court regarding institutional sales. Meanwhile, the regulator noted that the crypto company’s opposition to its appeal could be a ploy to continue selling XRP.
“The SEC, as plaintiff, has an institutional interest in the efficient resolution of this case. Defendants do not. They seek to prolong this litigation (as they have already promised to do), presumably so that they may continue selling XRP into public markets (as they tacitly admit).”
Still, the financial watchdog response arguments attracted criticisms from other stakeholders. Attorney James Fillan
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Author: Oluwapelumi Adejumo
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