Abstract：The directed verdict phase of Ripple's legal dispute with the US Securities and Exchange Commission (SEC) has begun following the submission of each party's motion.
James Filan, an attorney for Ripple Defense, alerted the crypto market of these submissions via Twitter on Sunday, September 18.
In the Southern District of New York, Ripple and SEC both issued petitions for summary judgment, demanding that District Judge Analisa Torres deliberate on the premise of the arguments presented in legal documentation.
The SEC filed a complaint over Ripple Labs in December 2020, asserting that the cryptocurrency firm had collected more than $1.3 billion by selling XRP in unregulated securities trading. But Ripple maintained that the Howey Test, which is something the Supreme Court intended to assess whether a transaction qualifies as a security, really wasn't satisfied by XRP transactions and sales.
The question of whether Ripple was breaking the law by selling XRP was the focus of several disclosure motions that the parties filed on Friday, September 16, over the period of the previous two years. The parties seem to be asking the court to decide whether the SEC or Ripple has submitted adequate knowledge to substantiate if there was an infringement in their applications for summary judgment.
The SEC wants the federal judge to find that the crypto corporation associated with the XRP coin broke federal securities laws based on the preliminary injunction for each party. Ripple, on the other hand, demands that the judge dismiss the matter without holding a protracted trial.The SEC claimed, among many other things, that statements made by executives of Ripple illustrate that Ripple sold XRP, and that XRP purchasers purchased the cryptocurrency on the assumption that their shares would appreciate in value over time.
However, Ripple stated that the company had no agreement with XRP shareholders and that there wasn't any common enterprise, which is a prerequisite for passing the Howey test.
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