Cryptocurrency

Expert Discusses Possibility of Case Dismissal by Atkins

The legal battle between Ripple and the U.S. Securities and Exchange Commission (SEC) over XRP is entering a crucial phase with significant court dates on the horizon. The U.S. Court of Appeals has scheduled important deadlines for the case, marking a pivotal point in this lengthy litigation process.

Important Court Deadlines

Ripple is required to submit a mediation questionnaire by December 23, 2024. Following this, an opening brief must be filed by March 6, 2025, with a response to the brief due by April 7, 2025. These deadlines are critical as they will shape the course of the lawsuit and potentially its outcome. However, the looming threat of a U.S. government shutdown poses a risk of delaying these proceedings further.

Ripple’s Optimism and Critics’ Concerns

Despite the ongoing legal challenges, Ripple remains optimistic that the case might be resolved favorably. Nonetheless, some critics express skepticism. Former SEC official John Reed Stark has voiced concerns, suggesting that the Ripple ruling could lead to ambiguity, particularly in terms of protecting retail investors. He warns that this could influence how cryptocurrency companies defend their tokens against being classified as securities.

The Broader Impact on XRP Enthusiasts

The prolonged legal proceedings have left many XRP supporters both confused and eager for resolution. Former SEC lawyer Marc Fagel shared insights on social media, stating, “The appeal will continue for now, and that process takes about a year. However, there is a possibility that a new administration might decide to dismiss the appeal. While such a move is unprecedented, it remains a possibility.”

Political Dynamics and Potential Clashes

John Reed Stark also warns of potential conflicts between a future Trump administration and the current SEC leadership under Gary Gensler. Stark describes Gensler’s recent appointments as part of a strategic effort to solidify influence prior to a potential change in administration. He predicts that Atkins’ team could swiftly move to dismantle existing crypto investigations, adding another layer of complexity to the regulatory landscape.

SEC’s Preparations for a Potential Shutdown

On December 13, 2024, the SEC’s Division of Corporation Finance issued guidance aimed at helping companies prepare for the possibility of a government shutdown. Such an event could further complicate the legal proceedings, leading to delays in decision-making and exerting additional pressure on all parties involved. While these delays might afford Ripple more time to bolster its defense, they could also postpone a definitive ruling on XRP’s regulatory classification.

As the situation unfolds, stakeholders remain watchful of how these developments will influence the future of XRP and the broader cryptocurrency market.

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