Highlights:
- Coinbase requests the court to certify its interlocutory appeal.
- The exchange seeks to ensure the Second Circuit fully understands the SEC’s stance on the Howey Test criteria and its implications.
- Ripple faces challenges as the SEC appeals a ruling on XRP’s security classification.
In the latest chapter of its ongoing legal battle, American cryptocurrency exchange Coinbase has requested Southern District of New York judge Katherine Failla to approve its interlocutory appeal. This request comes after the Securities and Exchange Commission (SEC) recently appealed its separate case against web3 payments firm Ripple.
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🚨NEW: @coinbase cites the @SECGov’s @Ripple appeal in a new letter to urge Judge Failla to grant its own request for interlocutory appeal.
Coinbase notes that the SEC’s appeal underscores the ambiguity surrounding the Howey Test’s application to secondary market sales, further… pic.twitter.com/q7K9WmR4Ho
— Eleanor Terrett (@EleanorTerrett) October 5, 2024
Coinbase Seeks Clarity on Howey Test Application
The trading platform initially filed its motion for an interlocutory appeal in April and has not received any approval or rejection for its filing. At that time, the crypto exchange aimed to review a key question in the case: how does the Howey Test, a traditional standard for determining what qualifies as a security under a 1946 Supreme Court ruling, apply to digital assets?
Although the SEC submitted its own letter a month later, requesting the denial of the appeal, the agency argued there was “no substantial ground for difference of opinion.” Judge Katherine Polk Failla of New York has not yet ruled on the appeal request.
Coinbase again urges Judge Failla to consider its interlocutory appeal motion after the SEC’s recent appeal in its case against Ripple. The crypto exchange argues that presenting both cases to the Second Circuit simultaneously would provide the court with “…a full account of the legal and practical implications of the SEC’s litigating position,” according to the letter. It is particularly interested in how this test applies to secondary market crypto transactions.
Coinbase’s lawyers asserted that the appeal highlights the “industry-wide significance” of applying the Howey test. They believe this significance warrants a more thorough legal review of the facts in the ongoing lawsuit between the SEC, Coinbase Inc., and Coinbase Global.
Coinbase’s lawyers wrote:
“The SEC has conceded, and now reconfirms by its appeal in Ripple, that the issues presented by Howey’s application to secondary-market digital asset transactions are of ‘industry-wide significance. Prompt and complete appellate review is urgently needed.”
Coinbase Vs. SEC
In a filing on September 18, the SEC requested an extension until February 2025 to produce discovery documents for Coinbase. These documents were originally due in court by October 18, 2024.
On September 24, a panel of judges criticized the SEC for not providing Coinbase with clear rules and guidelines for digital assets. The exchange had made this request to the regulator in 2022. The judges described the SEC’s refusal as lacking a clear rationale.
In October 2024, Coinbase filed a petition requesting the court to order the CFTC to disclose its communications with token issuers. The Coinbase legal team believes that these communications will clarify which digital assets qualify as securities.
Ripple Faces Ongoing Legal Challenges as SEC Appeals Court Ruling
In 2020, the SEC sued Ripple Labs for allegedly selling its cryptocurrency token, XRP, as an unregistered security. Two years later, in 2023, Judge Analisa Torres ruled in favor of Ripple, stating that XRP is considered a security only when sold to institutional investors.
In August 2024, Judge Torres prohibited Ripple from committing any future violations of securities laws and denied the SEC’s motion for Ripple to return its sales proceeds. At that time, the SEC sought over $876 million in disgorgement, more than $198 million in interest, and an $876 million civil penalty. Ripple, however, argued that its maximum liability should be $10 million.
The court ultimately imposed a civil penalty of $125 million on Ripple. The U.S. SEC has recently appealed this decision, arguing that the district court’s ruling contradicts years of Supreme Court precedent and securities laws. The SEC argues that XRP should be classified as a security for all sales, including both institutional and retail transactions. It maintains that the classification of XRP should remain consistent, regardless of the type of transaction.
#XRPCommunity #SECGov v. #Ripple #XRP BREAKING: The @SECGov has filed a Notice of Appeal of Judge Torres’s Ruling. pic.twitter.com/j8bLIZQ5LT
— James K. Filan 🇺🇸🇮🇪 (@FilanLaw) October 2, 2024
While it seems Ripple is facing more scrutiny from the SEC, its lawsuit is setting a precedent for other crypto cases. However, it’s unclear if the SEC will ultimately win. However, many pro-crypto lawyers believe the Commission has no strong chance.
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