SEC 提交 Form C， Ripple将于下周进行反击——披露了 2 个关键上诉细节
美国证券交易委员会将对Ripple高管在XRP销售中的角色提出上诉
证券交易委员会 (SEC)提交了民事上诉预辩论声明（表格 C） 对法院先前对Ripple案件的判决提出上诉。 Ripple首席法务官 Stuart Alderoty表示，该公司将于下周提交 Form C。他还澄清说，法院关于“ XRP不是证券”的裁决没有受到质疑。
这并不奇怪——这一点再一次被明确了。法院关于“ XRP不是证券”的裁决未被上诉。该决定将成为该国的法律。
请继续关注Ripple下周提交的 Form C。 https://t.co/m9molUGSBv
—斯图尔特·阿尔德罗蒂 (@s_alderoty) 2024 年 10 月 18 日
The pre-argument statement is considered an early step in the appeal process. It has been filed in the United States Court of Appeals for the Second Circuit, under case number 24-2648.
The Securities and Exchange Commission (SEC) alleged that Ripple Labs, along with its executives Bradley Garlinghouse and Christian A. Larsen, violated Sections 5(a) and 5(c) of the Securities Act by offering and selling XRP without registration. The document states, “The SEC also alleges that Garlinghouse and Larsen aided and abetted Ripple’s Section 5 violations.”
The district court granted partial summary judgment in favor of the SEC regarding Ripple’s sales to institutional investors but also granted partial summary judgment to the defendants concerning sales on digital asset trading platforms and other specific transactions.
XRP price unmoved by SEC appeal
In response to the appeal, the XRP market is largely muted. On CoinGecko, it is maintaining a 24-hour range between $0.54 and $0.55. It has dipped by 1% since the news broke about the SEC appeal.
The SEC’s appeal includes issues regarding the district court’s decision to grant partial summary judgment to the defendants. The SEC calls for a review of previous judgments that it considers potentially “erroneous.”
The district court grants 14 days after the appeal to fill Form D called the Court of Appeals Transcript Information/Civil Appeal Form.
Meanwhile, the crypto community supporting Ripple is optimistic the judge will dismiss the appeal.
Attorney Jeremy Hogan explains that Ripple’s XRP sales on exchanges and its use of XRP as a payment method will be the matters in focus during the appeal. Form C specifies that these matters will be reviewed De Novo. It means that the appellate court will review the case without relying on what the trial court decided about the law, making it an independent review.
Hogan also sees the SEC’s claims against Ripple executives Garlinghouse and Larsen as a weak move, because they have been dropped earlier. He also underlines that if Ripple loses the appeal, it could face stricter penalties.
In its August judgment, the court denied the SEC’s request for disgorgement of $876 million in profits from XRP sales. However, the securities agency will reportedly not challenge the court’s decision around disgorgement this time around as well.
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