Cryptocurrency

A Look at Gary Gensler’s Postponement Strategies and Revised Schedule

The ongoing legal confrontation between the U.S. Securities and Exchange Commission (SEC) and Ripple Labs has reached a pivotal stage. Recently, the SEC has formally sought an extension for the submission of its principal brief, moving the deadline to January 15, 2025. Legal expert Fred Rispoli suggests that the SEC’s frequent requests for extensions are not merely tactics to delay proceedings; rather, they reflect the agency’s current workload, as it juggles numerous other cases simultaneously.

Understanding the Appeal Process

In a recent segment on The Good Morning Crypto Show, Attorney Fred Rispoli shed light on the intricacies of the appeal process. Unlike trial proceedings that involve new evidence or testimonies, appeals are predominantly about paperwork. Each party involved is required to submit three critical documents: an opening brief, an opposition brief, and a reply brief. This particular appeal is twofold, encompassing both the SEC’s appeal and Ripple’s cross-appeal. Once these key documents are in place, oral arguments will be slated, allowing each party to present their case before a panel of three judges.

Timeline and Implications

The appeal process is inherently time-consuming, and the timeline can extend significantly. Rispoli notes that while the SEC’s current request for an extension might appear as a delay, it is consistent with his anticipated timeline for the proceedings. Initial interpretations during oral hearings may offer clues about the judges’ inclinations, potentially hinting at their ultimate ruling.

Both parties are now expected to submit their reply briefs by late March 2025. Oral arguments are tentatively scheduled for September or October 2025. However, these dates remain fluid and could shift further, especially given that the Ninth Circuit provides additional time allowances for filings.

Importance of Amicus Briefs

An essential component of the appellate process is the consideration of amicus briefs. These briefs, submitted by third-party entities, can offer fresh viewpoints and potentially pivotal evidence that might not have been previously considered. Rispoli emphasizes that appellate judges will scrutinize these briefs closely, as they are expected to be more numerous and influential than those presented at the district court level.

The ongoing legal saga between the SEC and Ripple Labs remains a focal point for the cryptocurrency industry and regulatory observers alike. As the case unfolds, the implications of the decisions made at each stage could have far-reaching impacts, not only for Ripple but for the broader crypto landscape as well.

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