SEC 提交 Form C， Ripple將於下週進行反擊——披露了 2 個關鍵上訴細節
美國證券交易委員會將對Ripple高管在XRP銷售中的角色提出上訴
證券交易委員會 (SEC)提交了民事上訴預辯論聲明（表格 C） 對法院先前對Ripple案件的判決提出上訴。 Ripple首席法務官 Stuart Alderoty表示，該公司將於下週提交 Form C。他還澄清說，法院關於“ XRP不是證券”的裁決沒有受到質疑。
這並不奇怪——這一點再一次被明確了。法院關於“ XRP不是證券”的裁決未被上訴。該決定將成爲該國的法律。
請繼續關注Ripple下週提交的 Form C。 https://t.co/m9molUGSBv
—斯圖爾特·阿爾德羅蒂 (@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.
推薦文章
