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TEXXR

Chronicles

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A US judge says Ripple's XRP sales to sophisticated investors violated securities law but that sales on exchanges were not offers of securities

and this week it got a big one Hassan Shittu / Cryptonews : Coinbase Pauses Staking Services in Several US States Amid SEC Lawsuit Mutuma Maxwell / Cryptopolitan : Binance clients rally behind enigmatic representative ‘Eeon’ in SEC lawsuit Varinder Singh / CoinGape : Breaking: US Fed Suer Intervenes US SEC Lawsuit Against Binance And CEO “CZ” Sohrab Khawas / Coinpedia Fintech News : Ripple's Court Win Delivers Massive Blow to SEC's Hostile Stance; Spells Hope for Crypto Firms Mikey Dalton / Inside Bitcoins : Stellar (XLM) Pumps 52% Overnight - Is $0.20 Threshold Ready to Be Busted? J.W. Verret / Cointelegraph : It's time for the SEC to settle with Coinbase and Ripple Chayanika Deka / CryptoPotato : Rep. Ritchie Torres Calls for Investigation into SEC Over Prometheum's License Approval Sergio Goschenko / Bitcoin News : US Representative Ritchie Torres Calls for Investigation of SEC Over Prometheum's License John Rizzo / CoinDesk : Could the Ripple Ruling Spell the End of Regulation by Enforcement? Scott Matherson / NewsBTC : Large Exchanges Relist XRP Following Ripple Victory Over SEC Erie Maxwell / ZyCrypto : XRP Non-Security Verdict Triggers Astounding Wave, But There's More To Expect Next From Ripple and SEC Aaron Wise / Protos : Crypto Twitter misinterpreted everything in SEC v. Ripple Omar Elorfaly / CCN.com : Ripple wins SEC lawsuit: Cardano (ADA) Polygon (MATIC) Solana (SOL) no Longer Securities? Jana Serfontein / Crypto Daily : Ripple Ruling Lifts Regulatory Cloud, May End Crypto Winter Nickie Louise / Tech Startups : Crypto surges after court rulings against the SEC that Ripple's XRP sales were not securities under the law Jordan Atkins / CoinGeek : Institutional sales of XRP were securities, court rules Dave Michaels / Wall Street Journal : Ripple Ruling Deals a Blow to SEC's Effort to Regulate Crypto Naga Avan-Nomayo / Ethereum World News : XRP Up 60% On The Day As Crypto Exchanges Resume Trading For Ripple's Token Cindy Tan / Metaverse Post : Ripple Celebrates Legal Triumph with $1M XRP Prize Pool Distributed to Public in Airdrop Danny Park / Forkast : After U.S. court rules Ripple XRP is not a security, industry remains cautious Sahana Kiran / Watcher Guru : Top Reasons Why a Bear Market Might Be Over After XRP's Win Emre Çitak / gHacks Technology News : XRP's price skyrocketed as Ripple wins lawsuit against SEC LinkedIn: Tobias Bauer : Good day for Ripple!  A judge rules that XRP is not a security.  Let's see what this means for the industry.  🥳 💪🏽 … Twitter: Rep. Ritchie Torres / @repritchie : 🚨 @SECGov is acting like an overzealous traffic cop arbitrarily ticketing drivers while keeping the speed limit a secret. It prefers to communicate by enforcement rather than by rules or guidance. But that's no way to regulate digital assets. I'm calling for an investigation. [image] @coinbaseassets : Coinbase will re-enable trading for XRP (XRP) on the XRP network. Do not send this asset over other networks or your funds may be lost. Transfers for this asset remain available on @Coinbase & @CoinbaseExch in the regions where trading is supported. Brad Garlinghouse / @bgarlinghouse : We said in Dec 2020 that we were on the right side of the law, and will be on the right side of history. Thankful to everyone who helped us get to today's decision - one that is for all crypto innovation in the US. More to come. @watcherguru : BREAKING: 🇺🇸 US judge rules Ripple $XRP is not a security. Tom Emmer / @gopmajoritywhip : The Ripple case is a monumental development in establishing that a token is separate and distinct from an investment contract it may or may not be part of. Now, let's make it law. 👇 [image] @tier10k : [DB] Ripple Sales of XRP Do Not Constitute Offer of Investment Contracts: Judge @eleanorterrett : 🚨BREAKING: Judge Torres says 's Programmatic Sales, the Other Distributions, and Larsen's and Garlinghouse's sales of #XRP do NOT constitute investment contracts. Documents and details to come. @jason : Congrats to the XRP team for getting away with half the crime! 😂😂😂 @cz_binance : It's less about winning or losing, it's about on the right side of the people. 🙏 @metalawman : Based on my quick read through, it looks like the only thing left for trial would be the claim that Larsen and Garlinghouse “aided and abetted” Ripple's Institutional Sales of XRP—which were the only sales the court found to violate the law. Preston Byrne / @prestonjbyrne : Following Judge Torres' decision in SEC v. Ripple Labs, XRP is Schrodinger's Shitcoin: a security when sold to a VC, not a security when sold via programmatic means or by or to insiders. This is not a position the law will long tolerate David Sacks / @davidsacks : Big ruling for crypto. Colin Wilhelm / @colinwilhelm : “Further, the court rejected Ripple's fair notice argument, noting that the Howey test is clear and that claiming ignorance is not a defense to violating the securities laws. We'll continue to review the decision.” Does not guarantee an appeal, but leaves door open. Colin Wilhelm / @colinwilhelm : “...instead emphasizing that Howey and subsequent cases have held that a variety of tangible and intangible assets can serve as the subject of an investment contract.” 2/3 Colin Wilhelm / @colinwilhelm : SEC reaction to ruling in Ripple case: “The court agreed with the SEC that the Howey test governs the securities analysis of crypto transactions and rejected Ripple's made-up test as to what constitutes an investment contract,”... Leo Schwartz / @leomschwartz : I feel like a lot of people are missing this very important footnote from the Ripple case [image] Dan Primack / @danprimack : Flashback: Ripple CEO @bgarlinghouse: SEC lawsuit is “bad for crypto” in the U.S. https://www.axios.com/... Brad Garlinghouse / @bgarlinghouse : The most important part of this ruling: “XRP, as a digital token, is not in and of itself a “contract, transaction[,] or scheme” that embodies the Howey requirements of an investment contract.” This is a now a matter of law (not up for trial.) @meattc_ : court also rules a “speculative motive” by the purchaser of an asset is not enough to evidence and investment contract... AND BECAUSE THEY DIDN'T KNOW THEY WERE BUYING FROM RIPPLE, THEY DID NOT DERIVE THAT EXPECTATION FROM RIPPLE'S EFFORTS honestly this seems shaky lol [image] @meattc_ : Institutional sales of XRP to sophisticated investors satisfy Howey...but, who cares, because that can be covered under exemptions to registration under Reg D. [image] @meattc_ : Ripple ruling is linked below. Some critical items: https://www.docdroid.net/... @meattc_ : CRITICAL NOTE This is a ruling on a motion for summary judgement, NOT holding on the merits. So, grain of salt. @spreekaway : somehow have a feeling gary will be back to saying congress needs to act quickly with legislation to protect investors after 2 years of saying that the law was clear @arthurb : Common sense prevails. @hosseeb : Never thought I'd be so happy to see XRP ripping. This is an unqualified win for the industry, and now stands as legal precedent in the USA. Well done to the Ripple team for fighting this battle. 🫡 @aeyakovenko : source code, data and cryptographic messages between computers are protected speech, not property @autismcapital : [image] @spreekaway : airdrops are prolly safu. [image] @haydenzadams : 🦄we are so back🚀 @spreekaway : Mashinsky jailed Gary btfo Today was a good day [image] Adam Cochran / @adamscochran : Honestly, you can lose a lot of faith in a lot of US institutions, but the unpoliticized components of the American Judiciary are pretty fucking solid. An analysis of securities dividing programmatic vs institutional is a master stroke and exactly how this should work! @jesse_hynes : The Ripple SJ decision is in. Here is the broad summary. Will break down further: Institutional Sales by Ripple ARE investment contracts Programmatic Sales by Ripple ARE NOT investment contracts The court chooses to NOT address secondary market sales [image] @watcherguru : JUST IN: Ripple $XRP soars 30% after US judge rules it's not a security. [image] @metalawman : This is is a huge win for Larsen, Garlinghouse and the XRP community. 1. While the court rules that some of Ripple's “Institutional Sales” of XRP were investment contracts and thus, the sale of unregistered securities, 2. Ripple's sales of XRP to “Programmatic Buyers”... Miles Deutscher / @milesdeutscher : $XRP has officially been deemed NOT a security by a US judge. This is not only a big win for Ripple, but also the entire crypto community. Although precedent isn't strictly binding, it's a great indication that many other altcoins are also non-securities. Game on, Gensler. @whalewire : It was clear from Day 1 that SEC would lose their politically motivated and rigged lawsuit against #Ripple. As $XRP is deemed NOT a security by the court, this sets precedent for all other similar cases. It's not just a huge win for XRP, but the entire crypto industry! @tree_of_alpha : You're telling me XRP isn't even a security and this guy is trying to label ETH one? good luck lmao [image] Eleanor Terrett / @eleanorterrett : 🚨BREAKING: Judge Torres says @Ripple's sales of #XRP do NOT constitute investment contracts. Documents and details to come. [image]

Reuters Tom Hals

Context & Ripple Effects

The ruling followed the court’s decision to expose documents connected to a former SEC official’s 2018 remarks on ether, a disclosure that increased scrutiny of the agency’s theory for treating crypto transactions as securities. The earlier unsealing decision made the Ripple case a central test of how transaction context affects that analysis.

By separating institutional placements from exchange trading, the decision gave crypto platforms and token issuers a concrete—if fact-specific—judicial distinction to assess. The contemporaneous criticism that the outcome could create an investor-protection inversion underscores that the ruling did not settle the policy question. Concerns over the ruling’s treatment of sophisticated and retail buyers emerged immediately.

First-order effects

  • Ripple faces securities-law liability for its institutional XRP sales, while exchange-based XRP transactions receive materially different treatment under this ruling.
  • Exchanges can point to the decision when evaluating XRP trading; the reported relistings and Coinbase’s restoration of XRP trading in supported regions reflect the immediate commercial effect.

Second-order effects

  • Crypto exchanges and issuers gain support for arguments that a token’s legal status can depend on how and to whom it is sold, rather than being fixed across every transaction.
  • The SEC’s enforcement posture faces a more contested litigation environment, reinforcing arguments later advanced in Coinbase’s bid to dismiss the SEC case that the agency’s authority is not as straightforward as alleged.

Third-order effects

  • If courts continue to distinguish primary fundraising from secondary-market trading, U.S. crypto liquidity could fragment by venue, buyer type, and compliance controls rather than by token alone.
  • The decision highlights a durable gap between securities-law tests built around transaction facts and markets that trade the same asset globally; legislation or higher-court guidance may be needed to create a uniform rule.

The trend: Crypto regulation is shifting from token-level labels toward a contested, transaction-by-transaction framework for determining when digital-asset activity falls under securities law.

Discussion

  • @repritchie Rep. Ritchie Torres on x
    🚨 @SECGov is acting like an overzealous traffic cop arbitrarily ticketing drivers while keeping the speed limit a secret. It prefers to communicate by enforcement rather than by rules or guidance. But that's no way to regulate digital assets. I'm calling for an investigation. [im…
  • @coinbaseassets @coinbaseassets on x
    Coinbase will re-enable trading for XRP (XRP) on the XRP network. Do not send this asset over other networks or your funds may be lost. Transfers for this asset remain available on @Coinbase & @CoinbaseExch in the regions where trading is supported.
  • @bgarlinghouse Brad Garlinghouse on x
    We said in Dec 2020 that we were on the right side of the law, and will be on the right side of history. Thankful to everyone who helped us get to today's decision - one that is for all crypto innovation in the US. More to come.
  • @watcherguru @watcherguru on x
    BREAKING: 🇺🇸 US judge rules Ripple $XRP is not a security.
  • @gopmajoritywhip Tom Emmer on x
    The Ripple case is a monumental development in establishing that a token is separate and distinct from an investment contract it may or may not be part of. Now, let's make it law. 👇 [image]
  • @tier10k @tier10k on x
    [DB] Ripple Sales of XRP Do Not Constitute Offer of Investment Contracts: Judge
  • @eleanorterrett @eleanorterrett on x
    🚨BREAKING: Judge Torres says 's Programmatic Sales, the Other Distributions, and Larsen's and Garlinghouse's sales of #XRP do NOT constitute investment contracts. Documents and details to come.
  • @jason @jason on x
    Congrats to the XRP team for getting away with half the crime! 😂😂😂
  • @cz_binance @cz_binance on x
    It's less about winning or losing, it's about on the right side of the people. 🙏
  • @metalawman @metalawman on x
    Based on my quick read through, it looks like the only thing left for trial would be the claim that Larsen and Garlinghouse “aided and abetted” Ripple's Institutional Sales of XRP—which were the only sales the court found to violate the law.
  • @prestonjbyrne Preston Byrne on x
    Following Judge Torres' decision in SEC v. Ripple Labs, XRP is Schrodinger's Shitcoin: a security when sold to a VC, not a security when sold via programmatic means or by or to insiders. This is not a position the law will long tolerate
  • @davidsacks David Sacks on x
    Big ruling for crypto.
  • @colinwilhelm Colin Wilhelm on x
    “Further, the court rejected Ripple's fair notice argument, noting that the Howey test is clear and that claiming ignorance is not a defense to violating the securities laws. We'll continue to review the decision.” Does not guarantee an appeal, but leaves door open.
  • @colinwilhelm Colin Wilhelm on x
    “...instead emphasizing that Howey and subsequent cases have held that a variety of tangible and intangible assets can serve as the subject of an investment contract.” 2/3
  • @colinwilhelm Colin Wilhelm on x
    SEC reaction to ruling in Ripple case: “The court agreed with the SEC that the Howey test governs the securities analysis of crypto transactions and rejected Ripple's made-up test as to what constitutes an investment contract,”...
  • @leomschwartz Leo Schwartz on x
    I feel like a lot of people are missing this very important footnote from the Ripple case [image]
  • @danprimack Dan Primack on x
    Flashback: Ripple CEO @bgarlinghouse: SEC lawsuit is “bad for crypto” in the U.S. https://www.axios.com/...
  • @bgarlinghouse Brad Garlinghouse on x
    The most important part of this ruling: “XRP, as a digital token, is not in and of itself a “contract, transaction[,] or scheme” that embodies the Howey requirements of an investment contract.” This is a now a matter of law (not up for trial.)
  • @meattc_ @meattc_ on x
    court also rules a “speculative motive” by the purchaser of an asset is not enough to evidence and investment contract... AND BECAUSE THEY DIDN'T KNOW THEY WERE BUYING FROM RIPPLE, THEY DID NOT DERIVE THAT EXPECTATION FROM RIPPLE'S EFFORTS honestly this seems shaky lol [image]
  • @meattc_ @meattc_ on x
    Institutional sales of XRP to sophisticated investors satisfy Howey...but, who cares, because that can be covered under exemptions to registration under Reg D. [image]
  • @meattc_ @meattc_ on x
    Ripple ruling is linked below. Some critical items: https://www.docdroid.net/...
  • @meattc_ @meattc_ on x
    CRITICAL NOTE This is a ruling on a motion for summary judgement, NOT holding on the merits. So, grain of salt.
  • @spreekaway @spreekaway on x
    somehow have a feeling gary will be back to saying congress needs to act quickly with legislation to protect investors after 2 years of saying that the law was clear
  • @arthurb @arthurb on x
    Common sense prevails.
  • @hosseeb @hosseeb on x
    Never thought I'd be so happy to see XRP ripping. This is an unqualified win for the industry, and now stands as legal precedent in the USA. Well done to the Ripple team for fighting this battle. 🫡
  • @aeyakovenko @aeyakovenko on x
    source code, data and cryptographic messages between computers are protected speech, not property
  • @autismcapital @autismcapital on x
    [image]
  • @spreekaway @spreekaway on x
    airdrops are prolly safu. [image]
  • @haydenzadams @haydenzadams on x
    🦄we are so back🚀
  • @spreekaway @spreekaway on x
    Mashinsky jailed Gary btfo Today was a good day [image]
  • @adamscochran Adam Cochran on x
    Honestly, you can lose a lot of faith in a lot of US institutions, but the unpoliticized components of the American Judiciary are pretty fucking solid. An analysis of securities dividing programmatic vs institutional is a master stroke and exactly how this should work!
  • @jesse_hynes @jesse_hynes on x
    The Ripple SJ decision is in. Here is the broad summary. Will break down further: Institutional Sales by Ripple ARE investment contracts Programmatic Sales by Ripple ARE NOT investment contracts The court chooses to NOT address secondary market sales [image]
  • @watcherguru @watcherguru on x
    JUST IN: Ripple $XRP soars 30% after US judge rules it's not a security. [image]
  • @metalawman @metalawman on x
    This is is a huge win for Larsen, Garlinghouse and the XRP community. 1. While the court rules that some of Ripple's “Institutional Sales” of XRP were investment contracts and thus, the sale of unregistered securities, 2. Ripple's sales of XRP to “Programmatic Buyers”...
  • @milesdeutscher Miles Deutscher on x
    $XRP has officially been deemed NOT a security by a US judge. This is not only a big win for Ripple, but also the entire crypto community. Although precedent isn't strictly binding, it's a great indication that many other altcoins are also non-securities. Game on, Gensler.
  • @whalewire @whalewire on x
    It was clear from Day 1 that SEC would lose their politically motivated and rigged lawsuit against #Ripple. As $XRP is deemed NOT a security by the court, this sets precedent for all other similar cases. It's not just a huge win for XRP, but the entire crypto industry!
  • @tree_of_alpha @tree_of_alpha on x
    You're telling me XRP isn't even a security and this guy is trying to label ETH one? good luck lmao [image]
  • @eleanorterrett Eleanor Terrett on x
    🚨BREAKING: Judge Torres says @Ripple's sales of #XRP do NOT constitute investment contracts. Documents and details to come. [image]