Pro-XRP attorney John Deaton says a federal judge erred in overturning a historic decision when ruling in the Terra (LUNA) case.
the barrel tells are 286,400 Twitter followers that the court should have sided with Judge Analisa Torres that Ripple Labs’ automated, open market sales of XRP do not count as securities.
A recent ruling by Judge Jed Rakoff in the Southern District of New York has allowed the SEC to proceed with its case against Terraform Labs and its founder Do Kwon, while upholding the distinction made in the Ripple case between public and institutional sales. was made was rejected.
Kwon is accused of mishandling client funds and lying to investors, ultimately leading to the demise of the multi-billion dollar Terra ecosystem by 2022.
the barrel say Rakoff came to a different conclusion, despite the judges seemingly agreeing that secondary buyers may have expected profits from what Ripple said and did.
“But is Rakoff’s finding that buyers in the secondary market relied on the defendants’ statements, and thus expected profits, vastly different from what Torres said?
NOT AT ALL.
Torres said, of course, that some secondary market buyers on exchanges could have relied on Ripple when expecting profits. Read yourself.”
the barrel say that Rakoff misapplied the Howey test, which was established by the Supreme Court to determine whether certain transactions qualify as investment contracts subject to securities laws.
“Torres didn’t say that secondary sales can never be certainties! In the Ripple case, the SEC simply failed to establish that prong with credible EVIDENCE. Point. Here I believe Rakoff was wrong. I believe he was responding to the perceived inconsistent end result between institutional investors and retail investors after Torres applied the Howey test to the facts.
According to Deaton, Rakoff also incorrectly says in his ruling that Torres wrongly distinguished between different types of investors – institutional versus secondary market.
“[Torres] simply applied the factors to the facts surrounding the various sales. Judge Rakoff said Howey doesn’t target investor type, and I agree. But that’s not what Torres did. The distinction between types of investors emerges in the RESULT, not in the ANALYSIS.”
Last, Deton points out that the circumstances around XRP and the Terra ecosystem are strong differences.
“According to the judge, the Terra defendants began a marketing campaign announcing that sales of all crypto assets – regardless of where the coins were purchased – would be funneled back into the overall project (i.e. the joint venture). and then all holders would earn more.
If [Ripple’s Chief Technology Officer (CTO) David Schwartz] said, this type of scheme is generally inconsistent with other cryptocurrencies, especially XRP. Because of the defendants’ unique approach, Rakoff found that these statements would have motivated secondary buyers just as much as institutional buyers.
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