Ripple case more crucial than ever amid Coinbase, Binance SEC crackdown: Lawyers

9 June 2023

Cointelegraph By Ciaran Lyons

Whether XRP is ruled as a security or not in the Ripple case will certainly have an influence on the two latest crypto exchange lawsuits, crypto lawyers told Cointelegraph.

News

Join us on social networks

The judges presiding over Coinbase and Binance’s lawsuits will likely watch the results of the SEC v Ripple case closely, crypto lawyers told Cointelegraph.

Ripple has been in a legal battle with the SEC since December 2020. The regulator alleges it was offering unregistered securities via XRP (XRP) since 2013.

On June 6 the SEC filed a lawsuit against Coinbase also alleging that it has been offering unregistered securities. A day before it filed a lawsuit against Binance containing some similar allegations.

Lawyer James Murphy, known as “MetaLawMan” on Twitter, explained in a series of tweets on June 9 that a favorable outcome for Ripple could “undermine the entire basis for the SEC’s case” against both, Coinbase, and Binance.

1/ The stakes just keep getting higher for the ruling in SEC v. @Ripple.

Here’s why.

If Judge Torres rules that $XRP tokens trading on secondary markets are Not Securities–it would undermine the entire basis for the SEC’s case against @Coinbase and much of the @Binance case.

— MetaLawMan (@MetaLawMan)

June 8, 2023

However, he also warned that “before anyone gets too excited,” a ruling by Judge Torres in the Ripple case would not be “binding precedent” for these recent filings.

This means that the judges for the Coinbase and Binance lawsuit, will “not be bound to rule the same way,” as only decisions of the Court of Appeals and the Supreme Court have that influence.

Speaking to Cointelegraph, pro-XRP lawyer John Deaton believes the SEC is “well aware” that Judge Torres’ decision in the Ripple case will be published “in the very near future.”

Deaton believes that the SEC purposefully filed these new cases ahead of that result, in case the regulator faces an unfavorable outcome in the Ripple case, stating:

“I believe the SEC wanted to get those cases filed before that decision just in case it is a bad result for the SEC, possibly causing it to lose some political and legal momentum.”

Murphy believes the judge assigned to the Coinbase case, Judge Reardon, “will pay very close attention” to the determination of whether XRP is a security or not, pointing out that they serve in the same Lower Manhattan court.

He believes that Reardon would “follow the same reasoning” as to whether the 13 tokens cited in the Coinbase complaint are securities, adding that this can go “both ways,” if it’s a favorable outcome for the SEC.

6/ This dynamic, of course, works both ways.

If Judge Torres rules that $XRP tokens traded on secondary markets ARE securities,

the SEC will jump for joy and argue that the judges presiding over the @Coinbase and @Binance cases should follow Judge Torres’ reasoning.

— MetaLawMan (@MetaLawMan)

June 8, 2023

XRP-friendly lawyer Bill Morgan, a consultant at Morgan Mac Lawyers, also opined that the Ripple case could have an influence over the Binance and Coinbase cases.

Morgan explained that the outcome in the Ripple lawsuit can be used as an “advantage” for either the industry or the SEC, depending on the result.

“If they lose badly in the Ripple case, they go forwards with Coinbase and Binance with a substantial judgment against them. Obviously Coinbase and Binance will use that to their advantage that the sales of XRP is not an investment contract.”

Related: Pro-XRP attorney’s phone hacked to promote LAW token

Deaton noted that he actually predicted back in 2022 that the SEC would sue Coinbase and Binance “by the way the SEC was approaching the Ripple and XRP case.”

However, he believes that the SEC will tone down its action against crypto firms once the major financial institutions adopt a greater share of the crypto market.

“Once JPMorgan, Goldman Sachs or other traditional players get a bigger slice of the crypto market then the SEC will become more reasonable” he stated.

Magazine: Pro-XRP lawyer John Deaton ’10x more into BTC, 4x more into ETH’: Hall of Flame

  

You might also like

SEC dropping XRP case was “priced in” since Trump's election: analysts  
SEC dropping XRP case was “priced in” since Trump's election: analysts  

Crypto investors rejoiced after one of the industry’s longest-standing legal battles was overturned by the United States Securities and Exchange Commission, yet markets have seemingly accounted for the victory months ahead of the announcement, according to industry watchers.On March 19, Ripple CEO Brad Garlinghouse revealed that the SEC would dismiss its legal action against Ripple, ending four years of litigation against the blockchain developer for an alleged $1.3-billion unregistered securities offering in 2020.However, the outcome may not be as “bullish” since markets may have already priced in this development since President Trump’s election, according to Dmitrij Radin, the founder of Zekret and chief technology officer of Fideum, a regulatory and blockchain infrastructure firm focused on institutions.Ripple’s CEO said the SEC is dropping its case against the blockchain developer. Source: Brad Garlinghouse“Yes they are dropping the case but there was already the appeal,” he told Cointelegraph on the March 20 Chainreaction X show:“One of the most talked about and oldest cases in crypto has been won. It’s great for the market and Ripple as it can start its expansion in the US. But in general, it’s already priced in. I don’t see a big impact on price or the market.”XRP/USD, 1-month chart. Source: Cointelegraph Markets ProDespite an 11% relief rally after the March 19 announcement, the XRP (XRP) token is unable to remain above the key $2.5 psychological mark. The token fell over 6.3% since March 19, Cointelegraph Markets Pro data shows.Related: Crypto market’s biggest risks in 2025: US recession, circular crypto economySEC dropping Ripple case was “already expected” – Nansen analystOther analysts also attribute the XRP token’s lack of momentum to investors expecting an end to the SEC’s lawsuit against Ripple Labs, paired with generally poor market sentiment.“I’d attribute it to the market already pricing it in as well as the general market situation,” Nicolai Sondergaard, research analyst at Nansen, told Cointelegraph, adding:“It was, to be honest already expected at this point and the macro environment and general uncertainty are not doing XRP any favors.”Related: Bitcoin speculative appetite declines as investors seek safetyStill, some technical chart patterns point to a potential 75% XRP rally after the end of the SEC’s lawsuit.XRP/USD weekly price chart. Source: TradingViewAs of March 21, XRP bounced after testing the triangle’s lower trendline, eyeing a rise toward the upper trendline— around the apex point at the $2.35 level—by April. The ultimate target for this possible breakout is $4.35 by June, up 75% from the current price levels.Conversely, a drop below the lower trendline could invalidate the bullish setup, setting XRP on the path toward $1.28. The bearish target is obtained by subtracting the triangle’s maximum height from the potential breakdown point at $2.35.Despite XRP’s price trajectory, the SEC overturning the case will have a beneficial “long-term effect on the market because of the narrative change,” and investors’ expectations of a more crypto-friendly SEC, added Fideum’s Radin.Magazine: SEC’s U-turn on crypto leaves key questions unanswered

South Korea to block non-compliant crypto exchanges  
South Korea to block non-compliant crypto exchanges  

South Korean authorities are reportedly looking into blocking crypto exchange platforms that may have operated without adhering to the requirements set by the country’s financial regulator. On March 21, local media Hankyung reported that the Financial Intelligence Unit (FIU) of the Financial Services Commission is considering sanctions against crypto exchanges for allegedly operating in the country without reporting as an operator to the appropriate regulators. South Korean financial authorities require crypto exchanges to report to regulators as virtual asset service providers (VASPs) under the country’s Specified Financial Information Act. The FIU is investigating a list of exchanges and is conducting consultations with related agencies. The regulator is also considering sanctions, such as blocking access to the exchanges, as they begin to prepare countermeasures. South Korean regulators eye crypto exchangesThe regulator will reportedly crackdown on exchanges allegedly providing services to South Koreans without the appropriate VASP reports. The exchanges in the FIU’s list reportedly provided marketing and customer support to Korean investors without going through the country’s compliance process. Local media Hankyung mentioned that the crypto exchange KuCoin was on the list along with other crypto platforms. In a statement, a KuCoin representative told Cointelegraph: “We are closely monitoring regulatory developments across all jurisdictions, including Korea. At KuCoin, we believe that compliance is essential for the healthy and sustainable growth of the crypto industry—this has always been our stance and will continue to guide us as we move forward. We remain committed to supporting the industry’s long-term development through proactive and responsible practices.”Under the country’s laws, operators of crypto sales, storage, brokerage and management are required to report to the FIU. If exchanges don’t comply, their business will be considered illegal and subject to criminal penalties and administrative sanctions. An FIU official said in the report that measures to block access to the exchanges included in the list are being reviewed. The official said the financial regulator is currently consulting with the Korea Communications Standards Commission, the regulator in charge of the internet, on how they can block access to the exchanges. Related: Wemix denies cover-up amid delayed $6.2M bridge hack announcementSouth Korean exchanges face scrutiny Apart from foreign exchanges, South Korean crypto exchanges are also facing scrutiny over suspicions and rumors of financial misconduct. On March 20, prosecutors raided Bithumb following suspicions that its former CEO, Kim Dae-sik, embezzled company funds to purchase an apartment. The authorities suspect that the exchange and its executive may have violated some financial laws during the apartment purchase. However, Bithumb responded that Kim had already taken a loan to repay the funds. In addition, rumors of intermediaries getting paid to list projects on Bithumb and Upbit surfaced. Citing anonymous sources, Wu Blockchain said projects claimed to have paid intermediaries millions to get listed on the exchanges. Upbit responded, demanding the media outlet to disclose the list of digital asset projects that paid brokerage fees. Magazine: Crypto fans are obsessed with longevity and biohacking: Here’s why

South Korea eyes KuCoin, BitMEX in crypto exchange crackdown  
South Korea eyes KuCoin, BitMEX in crypto exchange crackdown  

South Korean authorities are reportedly looking into blocking crypto exchange platforms that may have operated without adhering to the requirements set by the country’s financial regulator. On March 21, local media Hankyung reported that the Financial Intelligence Unit (FIU) of the Financial Services Commission is considering sanctions against crypto exchanges for allegedly operating in the country without reporting as an operator to the appropriate regulators. South Korean financial authorities require crypto exchanges to report to regulators as virtual asset service providers (VASPs) under the country’s Specified Financial Information Act. The FIU is investigating a list of exchanges and is conducting consultations with related agencies. The regulator is also considering sanctions, such as blocking access to the exchanges, as they begin to prepare countermeasures. Exchanges operated without VASP reportsThe list of exchanges that have allegedly provided services to South Koreans without the appropriate VASP reports includes BitMEX, KuCoin, CoinW, Bitunix and KCEX. The exchanges reportedly provided marketing and customer support to Korean investors without going through the country’s compliance process. Under the country’s laws, operators of crypto sales, storage, brokerage and management are required to report to the FIU. If exchanges don’t comply, their business will be considered illegal and subject to criminal penalties and administrative sanctions. An FIU official said in the report that measures to block access to the exchanges included in the list are being reviewed. The official said the financial regulator is currently consulting with the Korea Communications Standards Commission, the regulator in charge of the internet, on how they can block access to the exchanges. Related: Wemix denies cover-up amid delayed $6.2M bridge hack announcementSouth Korean exchanges face scrutiny Apart from foreign exchanges, South Korean crypto exchanges are also facing scrutiny over suspicions and rumors of financial misconduct. On March 20, prosecutors raided Bithumb following suspicions that its former CEO, Kim Dae-sik, embezzled company funds to purchase an apartment. The authorities suspect that the exchange and its executive may have violated some financial laws during the apartment purchase. However, Bithumb responded that Kim had already taken a loan to repay the funds. In addition, rumors of intermediaries getting paid to list projects on Bithumb and Upbit surfaced. Citing anonymous sources, Wu Blockchain said projects claimed to have paid intermediaries millions to get listed on the exchanges. Upbit responded, demanding the media outlet to disclose the list of digital asset projects that paid brokerage fees. Magazine: Crypto fans are obsessed with longevity and biohacking: Here’s why

Open chat
1
BlockFo Chat
Hello 👋, How can we help you?
📱 When you've pressed the BlockFo button, we automatically transfer to WhatsApp 🔝🔐
🖥️ Or, if you use a PC or Mac, then we'll open a new window to load your desktop app.