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SEC Provides Details With Last-Minute Appeal in Ripple (XRP) Ruling

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After much confusion and speculation, the Securities and Exchange Commission (SEC) has filed an appeal in its ongoing legal spat with Ripple Labs.

The appeal is challenging parts of Judge Analisa Torres’ 2023 summary judgment, which found that Ripple’s sales of its XRP token to retail investors on crypto exchanges did not break U.S. securities laws.

Ripple Executives Targeted in SEC Appeal

While many observers had anticipated the SEC to dispute the court’s verdict that programmatic sales of XRP did not meet the legal criteria for an investment contract, the agency chose to focus on other crucial facets of Judge Torres’ ruling.

One area the appeal is targeting is the court’s determination that Ripple’s offerings and sales of XRP on crypto platforms, as well as personal trades by the company’s executives, including Brad Garlinghouse and Chris Larsen, did not breach securities laws.

The regulator is also opposing the decision that found no violation of securities laws occurred when the crypto payments company distributed XRP in exchange for non-cash considerations.

In the same judgment, Ripple’s institutional sales of XRP were deemed to have been against securities laws. The company was forced to pay a $125 million fine for that violation.

The SEC had submitted a notice of appeal on October 2 and, by law, had a 14-day window to file Forms C and D. The forms were expected to provide more information on exactly what parts of Judge Torres’ ruling the agency would be contesting.

Late Filing Sparks Controversy

When the expected deadline came and went, seemingly without any action from the regulator, it sparked widespread speculation within the community, with many wondering whether it had deliberately jeopardized its long-running case against the crypto company.

Some experts had suggested that failure to file the requisite documents on time could result in the appeal being dismissed out of hand, possibly ending the SEC’s quest to overturn Judge Torres’ findings.

The apparent omission was even more surprising given the agency’s reputation for punctuality and the massive interest in the Ripple case.

Adding to the intrigue, when it was finally deposited, the SEC’s Form C was dated October 16, while the court’s file stamp on the document read October 17, further fanning speculation that the agency may have missed its deadline. However, Fox journalist Eleanor Terrett suggested that the notice of appeal may have been filed on October 2 but only appeared on the docket on October 4, meaning the actual deadline was October 18 at 11.59 PM.

Whatever the case, legal experts like MetaLawMan say the 2nd Circuit Court of Appeal now has to decide whether the SEC’s filing was made within the allocated time.

On its part, Ripple has seven days to respond to the filing, with its Chief Legal Officer Stuart Alderoty saying the company will do so next week.

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Cryptocurrency

3 Possible Reasons Behind Ripple’s (XRP) 15% Surge Past $1.6

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Ripple’s native token has been among the best performers in the crypto market in the past few days, surging by over 60% since last Saturday. Despite retracing below $1.6, it reached that level for the first time since May of 2021.

Here are some of the possible reasons behind this impressive increase.

XRPUSD. Source: TradingView
XRPUSD. Source: TradingView

WisdomTree’s Ripple ETP

The Europe-based crypto asset manager WisdomTree has launched its latest exchange-traded product tracking the performance of a certain cryptocurrency, this time Ripple’s XRP.

The announcement reads that the WisdomTree Physical XRP ETP, with the ticker WXRP, is already live for trading on SIX Swiss exchange in USD and Swiss francs, on Euronext Amsterdam in USD, and on Xetra and Euronext Paris in euros.

“With risk-on sentiment building, altcoin exposures like XRP could outperform a standard bitcoin and ether allocation. XRP can sit alongside these mega caps in a multi-asset portfolio and reduce investors’ exposure to a single token.

Cryptocurrencies represent more than 1 per cent of the market portfolio, and should, therefore, be a component of a well-rounded investment strategy. As an asset class with low correlation to traditional asset classes, crypto can help enhance diversification and potentially improve risk-adjusted returns in a multi-asset portfolio.” – Commented the company’s Digital Assets Research Director, Dovile Silenskyte.

Gensler’s Exit

Perhaps the most valid reason behind XRP’s increase to over $1.6 earlier today is the hype by Gary Gensler’s announcement from Thursday evening. At the time, the current SEC chair said he would leave his position on the day the president-elect, Donald Trump, is inaugurated on January 20, 2025.

Although the move was expected, given Trump’s previous promise to fire Gensler on day 1 and the fact that SEC chairs have typically left their positions after a change in the presidency, it still sent shockwaves in the crypto industry.

Due to the four-year battle between the agency and Ripple, the latter’s native token skyrocketed by over 25% within the first 12 hours after the news broke. XRP went from about $1.15 to over $1.4. However, its rally continued on the next day, as mentioned above, and Gensler’s exit remains a highly plausible reason.

Regulatory Change and ETF Hopes

Gensler quitting the SEC is only a part of the overall wave of changes that will hit the US regulators after the Republicans take office. Reports are emerging frequently these days claiming that Trump has picked pro-crypto candidates for numerous key positions in his upcoming administration.

This is also regarded bullish for the entire market, which has added more than $1.2 trillion since the elections on November 5. XRP is no exception as, alongside other assets like Solana (SOL), is expected to have its own exchange-traded fund in the US. There have been a few filings with US regulators since September and experts believe the resolution could be just months away.

With a more favorable guard at the SEC, that resolution could be quite positive for the XRP army. After all, Ripple’s CEO has frequently noted that an XRP ETF is ‘inevitable.’

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Here’s What Users Expect as Donald Trump Begins Tenure as Crypto President: Bybit

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It’s been barely a few weeks since the pro-crypto candidate Donald Trump won the United States presidential elections, and the digital asset market still feels the impact of that victory. As the Trump administration prepares to take complete charge of affairs at the White House by January, crypto users anticipate what this could mean for the industry.

According to a quarterly institution report by the digital asset exchange Bybit and the crypto research firm Blocks Scholes, market participants are expecting a transformative period in the industry, with a focus on areas like heightened institutional interest, regulatory reforms, and increased value for bitcoin (BTC) and altcoins.

Trump to Provide Regulatory Clarity

Trump was previously a crypto skeptic, but he eventually turned around and centered his 2024 campaign on advocating for BTC. The U.S. president has declared that he would create clear policy and regulatory frameworks for digital assets to ensure the United States takes a leadership position in the crypto space.

Bybit and Blocks Scholes said Trump’s re-emergence as America’s first crypto president could foster an environment more conducive to innovation. Trump wants to make the U.S. the crypto capital of the planet, and his goals align with those of digital asset stakeholders.

The crypto space will likely see significant regulatory changes with a Republican majority in both chambers of the U.S. Congress. The Bybit report revealed that targeted political spending by crypto entities during the election reshaped legislative priorities, especially in key Senate races.

As pro-crypto lawmakers take office, bills like the Financial Innovation and Technology for the 21st Century Act (FIT21 Act), which aimed to provide regulatory certainty for digital assets, could be enacted into law. The bill faced legislative challenges while passing Congress chambers.

Favorable Environment For Altcoins And DeFi

Furthermore, Trump’s win increases the potential for altcoins to gain traction even as BTC continues to dominate the market narrative. The incoming administration may cause investors to show fresh interest in the decentralized finance (DeFi) sector and networks powered by smart contracts.

The Biden administration took an unfavorable stance toward DeFi and even took legal action against some decentralized entities. However, as regulatory clarity emerges, Trump’s presidency could attract increased investment in these platforms.

Meanwhile, BTC has already gained over 47% since Trump won. With the cryptocurrency about 2% away from the $100,000 mark, traders are optimistic of a continued rally in the coming months.

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Double-Digit Price Surges From These Altcoins as BTC Was Stopped Before $100K (Weekend Watch)

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Bitcoin tried and tried to break into a six-digit price territory but was stopped just inches below $100,000 and has been pushed south by around a grand.

Its dominance over the alts has slumped in the past day, as many, such as DOGE, ADA, AVAX, and DOT, have charted double-digit surges.

BTC Fails at $100K

Bitcoin had a highly positive business week, which started with a price surge to over $90,000 on Monday. After a brief retracement, the bulls returned and helped BTC chart a new all-time high of $94,000 on Tuesday.

However, that was just the start as the asset kept climbing and broke above $95,000, $96,000, $97,000, $98,000, and $99,000 by Friday.

Naturally, all eyes turned to the coveted $100,000 target, which many speculated could be broken immediately. However, the bears managed to defend that level well. As such, bitcoin failed to overcome it on Friday, even though it came just $250 away from it.

Since then, the cryptocurrency has corrected slightly and now sits below $99,000. Nevertheless, its market cap is still above $1.950 trillion, placing it as the seventh-largest asset in the world, but its dominance over the alts has taken a big hit and is down to 56% on CG.

Bitcoin/Price/Chart 23.11.2024. Source: TradingView
Bitcoin/Price/Chart 23.11.2024. Source: TradingView

Alts on the Rise

The declining BTC dominance means only one thing – alts are exploding. While that cannot be said about ETH, SOL, and BNB, other larger caps have charted mind-blowing surges in the past day.

As already reported, these include XRP, DOGE, and ADA, all of which have shot up to multi-year peaks. The landscape is similar for Avalanche and Polkadot, as they have skyrocketed by 22% each. AVAX now sits close to $44, while DOT is near $7.5.

Even more notable surges come from XLM (52%), ALGO (33%), and VET (31%).

The total crypto market cap reached a new all-time high earlier at over $3.5 trillion on CG.

Cryptocurrency Market Overview. Source: Coin360
Cryptocurrency Market Overview. Source: QuantifyCrypto
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Cryptocurrency charts by TradingView.

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