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Home » Blog » Ripple’s Legal Head Exposes Flaws in Coinbase vs. SEC
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Ripple’s Legal Head Exposes Flaws in Coinbase vs. SEC

January 24, 2024No Comments3 Mins Read
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In the ongoing legal face-off between Coinbase and the SEC, analysts cautiously place their bets on a 70% chance of victory for Coinbase, as indicated by Bloomberg Intelligence’s James. Despite this optimism, the crypto community remains watchful, acknowledging the inherent unpredictability of such legal battles.

What’s going to happen next in this (very) unpredictable drama? Let’s dive in!

Ripple Raises Allegations

Following the recent SEC v. Coinbase hearing, Ripple’s legal head, Stuart Alderoty, stirred things up in X by accusing the SEC of major misconduct after the recent SEC v. Coinbase hearing. But, in reality, experts know that what’s said on social media doesn’t weigh the same as legal arguments in court.

Last week (in Coinbase), the SEC told the Court that the question is “whether investors are “pooling [their] capital with the promoter’s efforts.” That’s wrong. Howey demands more than investing in efforts. You have to invest in a common enterprise. Revak (2d Cir. 1984).

— Stuart Alderoty (@s_alderoty) January 21, 2024

However, the crypto giant has repeatedly denied the SEC’s claim that Coinbase sold securities that weren’t registered. On this, Alderoty’s challenge to the SEC’s story adds an interesting point of view, but realists know that legal results depend on complicated legal interpretations and past cases. 

Read More: Coinbase vs. SEC: Is Dismissal on the Cards? Here’s What To Expect

Crucial Insights from the Hearing

It all happened in the recent hearing, which was considered a crucial moment for both the crypto market and investors.

Judge Failla’s insightful questions took center stage, with a particular focus on the SEC’s attempt to classify tokens as securities. The judge expressed concerns about overreach and its impact on collectibles and larger assets, while distinguishing between trading and staking, highlighting the unique nature of staking compared to traditional investments.

Notably, she questioned the SEC about specific tokens like Solana (SOL) and Cardano (ADA), challenging whether they truly violated securities laws. While the defense’s argument regarding these tokens being mere computer code may have elicited a reaction from the judge, realists understand that legal proceedings involve a precise examination of facts and legal principles.

Calling for an Inquiry

As the judge gears up to question Coinbase, uncertainty looms. A possible scenario includes her denial of their motion, potentially leading the case into the discovery phase. Following this, both the SEC and Coinbase can file motions for summary judgment, extending the legal process.

Taking a realistic approach, the crypto community and financial markets prepare for an extended period of uncertainty. Recognizing the multitude of factors influencing legal outcomes, realists understand that the resolution of this case holds significance not only for Coinbase and the SEC but also for the broader market.

So, are you team Coinbase or team SEC?



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See also  Long-Term Holders Deposit To Exchanges
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