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Ripple Win Against US SEC Might Upgrade Howey Test For Crypto

WikiBit 2023-04-11 17:21

Abstract:The US SEC has emerged victorious in multiple legal battles against companies operating in the crypto space, as it now turns its attention towards Ripple and its executives.

A highly anticipated Summary Judgment in the SEC vs. Ripple case is expected to be announced soon by the United States Southern District Court of New York. The outcome of the XRP lawsuit is expected to have a significant impact on various aspects of the cryptocurrency industry. It is also anticipated that the verdict may lead to the improvement of traditional analysis tools utilized by regulatory authorities.

Can US SEC Secure Win In XRP Lawsuit?

Ripple and its executives are currently engaged in a legal battle against the US Securities and Exchange Commission (SEC), which has recently won multiple lawsuits against companies in the cryptocurrency industry. According to attorney Jeremy Hogan, the SEC's success in these cases was due in part to the fact that the companies involved did not raise the issue of “post-loss obligation”.

Hogan has also noted that Ripple has argued that a “contract” must exist for there to be an “investment contract”. However, the SEC has successfully argued in several cases that a formal written agreement is not necessary, as the Howey test covers a wide range of investment purchases.

In the XRP lawsuit, the US SEC contends that the second, third, and fourth prongs of the Howey test eliminate the necessity for a legal contract. The commission argues that the “common enterprise” and “expectation of profits” prongs fit within the contract analysis, making a formal contract unnecessary.

Attorney Hogan suggests that the SEC won other cases by framing the purchase of cryptocurrency in traditional investment terms. These transactions appear to be the type of investment or purchase that the Howey test is designed to capture.

By comparing traditional purchases from centralized sellers with decentralized ones, Ripple has a potential advantage in this case. Winning on a Howey analysis could have significant implications for digital assets in the U.S., and would be a major setback for the SEC. Hogan argues that rather than being outdated, the Howey Test may need to be updated to reflect the changing landscape of the crypto industry.

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