Home Altcoins News Attorney John Deaton Confident in Ripple’s Victory Against SEC’s Appeal

Attorney John Deaton Confident in Ripple’s Victory Against SEC’s Appeal

xrp

In the complex world of cryptocurrency litigation, the ongoing battle between Ripple Labs and the U.S. Securities and Exchange Commission (SEC) continues to captivate the attention of the crypto community. Amid the legal intricacies and fervent debates, Attorney John Deaton, Managing Partner of the Deaton Law Firm, emerges as a vocal supporter of Ripple’s triumph in its tussle against the SEC’s appeal.

Deaton’s unwavering belief finds its foundation in a comprehensive legal analysis conducted by Australian lawyer Bill Morgan. This analysis delves deep into the heart of the matter: the ruling delivered by Judge Analisa Torres, which is pivotal in shaping the course of Ripple’s legal journey.

Central to the legal discourse is the application of the Howey test, a cornerstone criterion used to determine whether an asset qualifies as a security. Morgan’s analysis, referenced by Deaton, provides invaluable insights into Judge Torres’ approach in evaluating Ripple’s XRP sales using the Howey test.

Judge Torres carefully scrutinized each category of Ripple’s XRP sales: programmatic sales, institutional sales, and other XRP distributions. This meticulous approach aimed to discern nuanced differences in the nature of each sale and its relation to the Howey test.

One of the core differentiations explored by Judge Torres is the existence of contractual agreements. In the case of institutional investors, contractual elements were present, with these investors expecting profits stemming from Ripple’s endeavors. In contrast, programmatic sales executed on digital exchanges lacked such contractual facets, with buyers not anticipating direct gains from Ripple’s efforts.

Deaton commended Morgan’s analysis for illuminating that Judge Torres’ rulings weren’t arbitrary but methodically anchored in applying the Howey test to the various categories of XRP sales. Notably, Judge Torres treated each sale as alleged by the SEC as securities, subjecting them to the rigorous scrutiny of the Howey test.

The crux of Deaton’s confidence lies in his willingness to stake a substantial bet on the notion that Judge Torres’ decision will withstand the test of appeal. This bold assertion underscores Deaton’s conviction that the judge’s ruling was sound and reflective of a judicious application of legal principles.

Yet, as with any legal decision, Judge Torres’ ruling has sparked a spectrum of reactions within the legal and crypto communities. While some commend her for her careful application of the Howey test, others express reservations about the distinctions she drew between XRP sales.

One notable voice of skepticism is US District Judge Jed Rakoff, who presides over the SEC v. Terraform Labs case. Judge Rakoff’s stance challenges the notion that the Howey test should distinguish between buyers. This divergence of opinions adds layers of complexity to the ongoing Ripple saga.

However, Deaton remains steadfast in his optimism. He maintains that even if the Second Circuit identifies issues with the application of the Howey test’s third factor, the outcome would likely result in a remand of the case. In this scenario, Deaton speculates that Judge Torres would then turn her attention to the second prong of the Howey test—the common enterprise factor—to scrutinize the different sales.

Crucially, Deaton contends that the SEC failed to satisfy the second prong of the Howey test, reinforcing his belief that Judge Torres’ verdict would remain consistent even if an appeal were to unfold.

As the Ripple-SEC legal saga unfolds, Deaton’s confidence stands as a testament to the intricate legal considerations at play and the divergence of perspectives on the potential outcome. The crypto community watches with bated breath as the appeal process takes shape, eager to witness whether Attorney John Deaton’s conviction in Ripple’s triumph proves prescient in the court of law.

Read more about:
Share on

MikeT

Mike T, an accomplished crypto journalist, has been captivating audiences with her in-depth analysis and insightful reporting on the ever-evolving blockchain and cryptocurrency landscape. With a keen eye for market trends and a talent for breaking down complex concepts, Mike's work has become essential reading for both crypto enthusiasts and newcomers alike. Appreciate the work? Send a tip to: 0x4C6D67705aF449f0C0102D4C7C693ad4A64926e9

Crypto newsletter

Get the latest Crypto & Blockchain News in your inbox.

By clicking Subscribe, you agree to our Privacy Policy.

Get the latest updates from our Telegram channel.

Telegram Icon Join Now ×
Exit mobile version