SEC wants to sue Ripple: XRP a security?

 23. December 2020      

Despite the company’s counter-claims, the SEC probably wants to sue Ripple.

Ripple is being sued by the US Securities and Exchange Commission for allegedly selling unlicensed securities in the form of XRP tokens, Fortune said

The article is reminiscent of a similar report on Coinbase in the New York Times, which deals with the stock exchange’s handling of colored employees. Ripple CEO Brad Garlinghouse took an unusual step and posted on Twitter to get the public to discuss the matter.

Bitcoin ( BTC ) and Ether ( ETH ) have both not yet been attacked by the SEC due to their decentralized nature. The XRP, the Ripple token, has long been criticized by some members of the crypto community for being highly centralized. Ripple has an escrow account with around 50 billion XRP. That is about half of the total offer. David Schwartz, the company’s technical director, claims it was a “gift” from the creators of the third largest cryptocurrency.

Despite class actions and split views between the original founders, Ripple survived to become one of the richest companies in the fintech industry. Its reserve, held primarily in XRP, is theoretically close to $ 25 billion, even after the dramatic 13.5 percent drop following news of the lawsuit.

A Ripple source told Cointelegraph:

“There’s no chance that XRP isn’t a security.”

Ripple posted a Wells submission document on its website explaining its position. It states: “When the commission claims that Ripple’s XRP distributions are investment contracts, while also saying that Bitcoin and Ether are not securities, it is picking winners and losers in the virtual currency space itself, destroying a consumer-friendly innovation from the USA.”

The company continued to claim without evidence that Bitcoin and Ether were “two China-controlled virtual currencies that the SEC has classified as non-securities” and that “innovation in the cryptocurrency industry will be completely ceded to China,” should the potential lawsuit SEC be successful.

According to Fortune , it is expected that Garlinghouse and co-founder Chris Larsen, whose common fortune is estimated at 13 billion US dollars, are named as defendants in the lawsuit.

Garlinghouse has stated that despite the designation of XRP as a security, Ripple would continue to thrive . However, the company recently said it was looking for new headquarters outside of the United States, claiming the lack of regulatory clarity compelled it.

Cointelegraph has asked Ripple for comment on whether Larsen and Garlinghouse will remain in the United States in light of the potential lawsuit. However, no answer had been received by the editorial deadline.