Pro-XRP Lawyer John Deaton Says He Is Willing To Bet That Ripple Will Win SEC Appeal
August 08 2023 - 02:00PM
NEWSBTC
Popular XRP advocate and notable attorney John Deaton recently
predicted a comfortable appeal victory by Ripple against the United
States Securities and Exchange Commission (SEC). The Managing
Partner of ‘The Deaton Law Firm’ says he is willing to bet big on
the exchange emerging victorious on appeal. Founded Belief Or Mere
Speculation? John Deaton’s willingness to bet on an uncertain court
judgment follows a recent thread penned by digital asset enthusiast
and Australian-based lawyer Bill Morgan. According to the thread,
Judge Analisa Torres did not err in her summary judgment
decision. Related Reading: Valkyrie Unveils Double-Barreled
Approach To Launch An Ethereum ETF Alongside A Bitcoin ETF Morgan
was of the opinion that the Securities and Exchange Commission
(SEC) classified sales of XRP by Ripple into three unique classes;
institutional sales, programmatic sales, and other XRP
distributions. Following the classification, Judge Torres evaluated
each class by applying the popular Howey test. After
evaluation, the Judge discovered major differences in each class.
For instance, the Judge discovered that every institutional
investor signed agreements with Ripple and expected to earn profits
from the firm’s activities. While institutional investors
entered contracts with Ripple, programmatic sales on exchanges did
not require the signing of contracts, and purchasers, therefore,
did not expect to make profits directly from Ripple’s
efforts. Therefore, according to Morgan, Judge Torres ruled
that the sale of XRP to institutional investors amounted to a sale
of securities, while that of programmatic sales on virtual
exchanges was not. XRP price still sitting at $0.62 as
community awaits SEC appeal | Source: XRPUSD on Tradingview.com
Deaton Ready To Go All In For Ripple Reacting to the thread, John
Deaton commended Bill Morgan and noted that Judge Torres did not
differentiate between Ripple’s XRP sales merely out of “thin air.”
He stated that the Judge considered each sale the SEC alleges as
securities “and applied the Howey test.” Therefore, given his
confidence in the decision, he was willing to wager “significant
funds that she doesn’t get reversed on appeal.” Related Reading:
PayPal’s PYUSD Launch Triggers Calls For Stablecoin Bill While
Deaton may have cause to believe in a favorable appeal outcome,
recent developments may instigate some doubts in his prediction.
Recently, US District Judge Jed Rakoff, who oversees the SEC’s
lawsuit against Terraform Labs, rejected the approach used in Judge
Torres’s ruling. This creates a certain unpredictability in the
outcome of the upcoming SEC appeal. In the interim, SEC’s
Chair, Gary Gensler, has suggested that an appeal against the
decision in the Ripple lawsuit is under strong consideration. While
Gensler’s comment does not expressly guarantee an appeal, however;
it indicates that the US SEC has not conceded a partial defeat in
the suit. Featured image from iStock, chart from
Tradingview.com
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