Ripple's Triumph Won't Benefit Kwon
posted 1 Aug 2023
Terraform Labs was looking to the positive verdict in the "SEC versus Ripple" litigation as a precedent for its own safeguard against allegations from the U.S. Securities and Exchange Commission. Yet, Judge Jed Rakoff has dashed such hopes.
The crux of the matter is a substantial divergence in the judge's view concerning the Howey Test, which assesses whether an asset is a security. Terraform Labs' token purchases were clearly carried out by users with profit expectations - a paramount criterion for securities. Therefore, it renders the precise method of purchase irrelevant.
The dichotomy between the two judges' decisions underscores the persisting uncertainty in the landscape of cryptocurrency regulations.
The crux of the matter is a substantial divergence in the judge's view concerning the Howey Test, which assesses whether an asset is a security. Terraform Labs' token purchases were clearly carried out by users with profit expectations - a paramount criterion for securities. Therefore, it renders the precise method of purchase irrelevant.
The dichotomy between the two judges' decisions underscores the persisting uncertainty in the landscape of cryptocurrency regulations.
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