London Daily

Focus on the big picture.
Sunday, Aug 02, 2026

Ripple Wins Some, Loses Some, As The SEC Lawsuit Continues

Ripple Wins Some, Loses Some, As The SEC Lawsuit Continues

Ripple's attorney Jeremy Hogan on behalf of the payment giant recently filed a “motion to compel responses to interrogatories” in which they ask the SEC to clarify whether Ethereum's ETH is a security.

Ripple’s attorney Jeremy Hogan on behalf of the payment giant recently filed a “motion to compel responses to interrogatories” in which they ask the SEC to clarify whether Ethereum’s ETH is considered a security.

Jeremy Hogan pointed out that this line of questioning is an “AMAZING” move, in that, regardless of the answer given, the SEC will weaken their case.

Just last month, at the Aspen Security Forum, SEC Chairman Gary Gensler would not give an answer to the same question. Gensler’s answer or better yet, the lack of it, would indicate that the SEC does not wish to expose itself any further.

Now that the same question is being asked in a formal court setting, the SEC is somewhat forced to providing a response.

The SEC filed a lawsuit against Ripple in December before Christmans last year. The SEC accused Ripple of having engaged in $1.3 billion of illegal securities sales since 2013.

During the discovery phase that followed and is still ongoing, Ripple’s legal team has built a defense on multiple aspects, chief of which is the fair notice defense.

Ripple’s defense argues that the company was under the assumption that XRP, Bitcoin, and Ether were classed as equivalents in the eyes of the SEC.

Given that former SEC Director William Hinman had previously said neither Ether nor Bitcoin fit the bill as securities, Ripple presumed the same regarding XRP. Also, the SEC did not give fair notice otherwise, leaving Ripple unaware of breaching applicable securities law.

SEC has conveyed Hinman’s approval of Ether/Bitcoin as only a ‘personal opinion’ and should not have been construed as a stance held by the regulator.

The whole admission has now opened up a can of worms. Point being that if ETH is considered a security, why were they allowed to operate without impediment? And, if not, on what grounds has the SEC singled out Ripple?

Win-Win for Ripple
Hogan points out that taking a formal stance on Ether’s securities status puts the SEC in a difficult spot, no matter how they answer.

“If the answer is “no,” then it opens the door for Ripple to compare XRP to Ether. And as we know, only Ethereum had an ICO…

“Yes,” is not a politically fathomable answer for the SEC.”

Alternatively, a response along the lines of the Ether’s status has yet to be determined would strengthen Ripple’s fair notice defense.

If the SEC can’t determine whether Ether is a security, how can Ripple be expected to know they were breaching securities law by selling XRP tokens?

Read the full article at Fintechs.fi

Newsletter

Related Articles

0:00
0:00
Close
Finland Deploys Commercial-Scale Thermal Batteries Using Crushed Rock to Store Renewable Grid Energy
Valued at $109 Million: F-35B Fighter Jet Crashes in Southern California
Sainsbury Agrees to Sell Argos in £120 Million Deal to Private Consortium
High Court Clears Way for Construction of Chinese Embassy at Royal Mint Court
UK Fuel Prices Climb to Multi-Month Highs as Strait of Hormuz Tensions Disrupt Oil Supplies
Severe Summer Drought and Record Heat Put UK Harvests at Risk
Prime Minister Andy Burnham Faces Labour Backbench Opposition Over Potential Support for New North Sea Oil and Gas Drilling
Bank of England Warns Inflation Will Stay Above 3% as Middle East Energy Shock Prolongs Cost-of-Living Pressures
Andy Burnham has Announces Plans to Redistribute Income Tax Revenue to English Mayors
Early-Release Scheme Faces Fresh Scrutiny as Reoffending and Prison Recalls Rise
Police Phone Checks Followed Report on Murder of MI5 Agent Inside Sinn Féin
Archbishop of Canterbury Reaffirms £100 Million Reparative Justice Fund During Ghana Visit
Charities Allege French Police Used Tear Gas Against Channel Migrants
Norwegian Teenager Convicted Over Iran-Linked Murder Plot in Britain
Christian Organisations File Charity Complaints Against Amnesty International UK
Ofgem Tightens Grid Connection Rules for New Data Centres
FTSE 100 Reaches Record High Despite Global Technology Sell-Off
Millions of UK Households Urged to Check Eligibility for Winter Energy Discount
Labour Restores Parliamentary Whips to Diane Abbott and Joani Reid
UK Supreme Court to Hear Challenge Over Palestine Action Ban
UK Commits More Than £8.4 Billion to Dreadnought Nuclear Submarine Programme
England Declares Severe Drought as Wildfire Burns Near Sizewell Nuclear Site
Bank of England Holds Interest Rates at 3.75% as Middle East Tensions Fuel Inflation Risks
Drought Status Extended Across All of Wales as Heat and Dry Weather Deepen Environmental Strain
Record-Low Danube Exposes Probable Mammoth Remains in Bulgaria
UK Business Confidence Climbs to Four-Month High
Greater Manchester Gains Expanded Powers Under Regional Funding Reforms
UK Supreme Court to Hear Appeal Over Palestine Action Terror Ban
Shell's Quarterly Profit Doubles to Nearly $10 Billion on Higher Energy Prices
UK Government Removes VAT From Household Electricity Bills
Exceptional Drought Grips Half of England as Wildfire Threatens Sizewell
Bank of England Holds Interest Rates at 3.75% as Inflation Risks Persist
US Says It Has Carried Out Heavy Strikes on Iran After Attempted Attacks on Its Forces
The chief executive of the popular gaming company laid off many employees and his pay rose to 38 million dollars
UK Employment Holds Steady as Wage Growth Remains Moderate
England to Introduce Artificial Intelligence into Secondary School Curriculum
Wales Launches £1.2 Billion Industrial Regeneration Programme
High Court Upholds UK Digital Surveillance Framework
Northern Ireland Reaches Budget Agreement on Infrastructure and Public Sector Pay
Home Office Expands Digital Border Checks Nationwide
UK Approves Major North Sea Wind and Carbon Capture Project
The World's Most Terrifying Smartphone: Recording, Documenting, and Reporting to the Regime
Scotland Approves Major Renewable Energy Expansion
UK and United States Sign AI and Semiconductor Cooperation Pact
UK Treasury Tightens Fiscal Controls After Gilt Market Volatility
Bank of England Holds Interest Rates at 4.5%
UK Unveils £10 Billion NHS Funding Overhaul and Workforce Reform
The AI User Nightmare: Private Claude Conversations Leaked to the Internet
UK: Former Football Association Leaders Call for World Cup Boycott Over FIFA Privatization Plan
Forbidden Love: China severs millions from their virtual partners
×