US Judge Rejects SEC Appeal, Affirms Cryptocurrencies as Non-Securities

US Judge Rejects SEC Appeal, Affirms Cryptocurrencies as Non-Securities


In a recent development, a United States judge has rejected the Securities and Exchange Commission's (SEC) bid to appeal a prior ruling. This ruling has determined that digital tokens do not qualify as securities when they are sold to the general public. This decision represents a setback for the SEC in its ongoing endeavors to regulate the cryptocurrency industry.

Federal Judge Analisa Torres, presiding in the Southern District of New York, delivered her decision on Wednesday in a case centered around Ripple Labs and its XRP token. Judge Torres asserted that there existed no "significant basis for dissent" regarding her conclusions in the matter.

Judge Torres had rendered a ruling in July, determining that XRP qualified as a security solely when marketed to institutional investors. She further clarified that the sale of XRP on public exchanges to retail customers was in compliance with federal securities laws, according to her decision at that time.

The initial ruling of judge Torres had been widely lauded as a significant triumph within the cryptocurrency community. Furthermore, her decision on Wednesday to reject the SEC's appeal was met with celebration by certain stakeholders within the industry.

The Securities and Exchange Commission (SEC), under the leadership of Chair Gary Gensler, has consistently asserted that specific cryptocurrencies should be categorized as securities. This classification serves as the foundation for numerous lawsuits filed by the SEC against prominent figures within the cryptocurrency industry, reflecting their ongoing efforts to establish regulatory oversight.

Since the start of January, the SEC has taken a series of enforcement actions targeting both cryptocurrency investors and businesses. Notably, these actions have encompassed legal cases involving prominent entities such as Coinbase and Binance, which is recognized as the world's largest cryptocurrency exchange.

In a significant setback for the SEC's regulatory campaign, the agency faced another obstacle in August. A federal appeals court ruled in favor of an asset manager seeking to introduce the first bitcoin exchange-traded fund (ETF), despite the SEC's objections. This decision marked a notable turn of events in the ongoing debate surrounding cryptocurrency regulation.

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