By Bitcoinist - 10 個月前 - 閱讀時間：3 分鐘
Pro-XRP Lawyer Offers Key Solution To Ripple’s Legal Woes Against SEC
支持 XRP 的律師傑里米·霍根 (Jeremy Hogan) 討論 the issue of secondary market sales and its potential impact on the Ripple vs. the US Securities and Exchange Commission (SEC) lawsuit.
此案的結果對 XRP 持有者至關重要，因為它將決定該資產是否本質上被視為證券。 如果二級市場銷售問題得不到解決，可能會影響 XRP 在 Coinbase 等交易所重新上市。
美國證券交易委員會的訴訟表明 XRP 是一種證券，就像股票一樣。 然而，美國證券交易委員會在訴訟中對法院的要求並未明確要求任何賦予資產這種地位的東西。 這就留下了二級市場銷售問題。
Disgorgement Order Could Force Ripple vs. SEC Case To Address Secondary Sales Issue
The SEC has charged Ripple with violating securities laws by selling XRP as an unregistered security. If Ripple is found to have violated securities laws, it could be required to pay disgorgement, which would oblige the company to give up profits gained through illegal or unethical means.
However, Hogan suggests that Ripple could obtain an agreement from the SEC to include language in its final decision that the judgment does not cover secondary sales.
Hogan argues that the court must determine who receives the funds taken from Ripple in a disgorgement order. Disgorgement is a legal remedy that requires a defendant to give up profits gained through illegal or unethical means.
Furthermore, the Pro-XRP lawyer suggests that Ripple could argue that only actual purchasers from it directly, not secondary purchasers, should receive their investment back in a disgorgement order. This argument is based on the SEC v. Wang case, in which a court ruled that disgorgement should only be paid to those who purchased a security from the defendant.
If the court agrees with Ripple’s argument, it would mean that only those who purchased XRP directly from Ripple would be entitled to receive their investment back. This would exclude secondary market purchasers, such as those who bought XRP on exchanges.
This could be a positive outcome for Ripple, as it could limit the financial impact. It could also help to clarify the legal status of XRP, as it would confirm that XRP is not inherently a security.
SEC 承認 LBRY 案件中的代幣狀態可能對 XRP 產生積極影響在圖書館 (LBRY) 過去的聽證會上，基於區塊鏈的文件支付網絡訴 SEC 訴訟中，美國地方法院聽取了關於補救措施應用的口頭辯論。 法官必須決定允許所有者向網絡發送指令的加密資產是否可以體現公司的投資計劃。 SEC 希望法官發布一項廣泛的禁令，禁止出售 LBRY 代幣，其中代幣成為證券。
然而，聽證會是個好消息，特別是對於 XRP。 XRP 訴訟中的法庭之友約翰·迪頓 (John Deaton) 也在 LBRY 案中提交了法庭之友陳述。 LBRY 訴訟中的 SEC 律師 失球 that the secondary market sales of LBC tokens do not constitute a security. The judge ruled that the secondary market transactions of LBRY tokens by people unaffiliated with no investment intent in the LBRY case are legal.
The LBRY case sets a precedent that could benefit Ripple and XRP holders, confirming that secondary market transactions do not constitute securities. If the Ripple vs. SEC judge follows a similar line of reasoning, it could mean that XRP is not inherently a security, as secondary market sales are an essential part of cryptocurrency trading and do not represent an investment scheme by the company.
來自 iStock 的精選圖片，來自 TradingView.com 的圖表
原始來源： Bitcoin是