• Crypto lawyer Fred Rispoli believes that the SEC vs. Ripple trial may not come off.
• He stated six main reasons why the trial might remain elusive, such as tight schedules and weak evidence.
• Judge Analisa Torres recently awarded a partial victory to Ripple Labs in the case against the US Securities and Exchange Commission on XRP security status.
Overview of SEC vs. Ripple Trial
The US Securities and Exchange Commission (SEC) has brought a lawsuit against executives of blockchain company Ripple Labs, Brad Garlinghouse and Chris Larsen, for breaching Section 5 of the Securities Act of 1933. Recently, it was reported that their trials have been scheduled for the second quarter of 2024. However, renowned crypto lawyer Fred Rispoli believes that this trial may never take place due to several reasons.
Reasons Why Trials May Not Come Off
According to Rispoli , the ongoing lawsuit could be a pressure strategy to force both executives into a weak settlement position. There is also weak evidence on domestic vs international sales which could affect proceedings in court if taken before a NYC jury. Furthermore, key witnesses such as Hinman and Clayton may not be available due to their role in the Trump administration which could further delay proceedings or weaken any potential appeal from either side. Additionally, SEC also faces difficulty proving recklessness concerning institutional sale of XRP as Ripple Labs can refer to recent rulings claiming programmatic sales are acceptable according to existing regulations. Finally, the decision by Judge Analisa Torres to reject motion for an interlocutory appeal could leave SEC without any bargaining chips which might make them reconsider taking this case further before going through full trial process with all its associated costs and time frame delays.
SEC’s Other Cases Could Delay Trial
Currently SEC has several trials in pipeline which means they might not have enough resources or time focus on this particular case fully until those other cases are decided upon by court first. This would mean even more delays for potential trial of both executives at least till end of next year most likely if all goes well with current cases already accepted by court system or later if any issues arise causing further delays or complications during legal proceedings related to those other cases currently handled by SEC lawyers .
Ripple Executives‘ Partial Victory
Judge Analisa Torres recently granted partial victory to Ripple Labs in regards to determining XRP security status after considering arguments from both sides involved in this dispute between them . While ruling didn’t clear up situation completely regarding security status of XRP , it did give some clarity as judge determined that there were sufficient valid arguments presented by Ripple’s team which made her reject motion for an interlocutory appeal filed by SEC .
Conclusion
There is still much uncertainty surrounding whether or not Brad Garlinghouse and Chris Larsen will ever face trails over alleged violations committed by them while they were employed at Ripple Labs . As mentioned earlier there are multiple factors at play here including tight schedules , weak evidence , witness challenges , reorganization of trial teams etc . All these issues could potentially lead courts into deciding that it isn’t worth pursuing this case against two executives any further which would be good news for them as well as cryptocurrency community who have been following developments closely since outbreak happened back in December 2020 when charges were initially filed against them .