Há uma chance de 25% de que a Ripple garanta a vitória definitiva no caso XRP: advogado
- O advogado John Deaton disse que há uma chance de 25% de que a Ripple garanta uma vitória definitiva no caso com a SEC.
- The chance of the fintech company’s victory by way of a “splitting the baby” ruling is around 50%.
- Deaton disse que há menos de 3% de chance de que a SEC seja capaz de garantir uma vitória definitiva contra a empresa de tecnologia.
- Há rumores de que a Ripple está buscando uma oferta pública inicial (IPO) após o término do caso com a SEC.
O caso Ripple vs. Comissão de Valores Mobiliários dos Estados Unidos (SEC) tem sido um dos tópicos mais comentados em todo o espaço criptográfico, e o fim parece estar muito mais próximo. Após anos de debates e declarações, o advogado pró-XRP John Deaton acredita que há uma chance de 25% de que a fintech com sede nos EUA consiga garantir uma vitória definitiva contra o regulador de valores mobiliários do país. É claro que o advogado é a favor da empresa de tecnologia americana.
Em um episódio de O Bom Dia Podcast last week, the founder of CryptoLaw stated that the chances of the SEC securing an outright win in the case against Ripple is less than 3%. Meanwhile, he also added that the chance of the fintech company’s victory by way of a “splitting the baby” ruling is around 50%. It is important to mention here that the lawsuit has been going on since 2020.
Deaton has actively voiced his opinions when it comes to the Ripple vs. SEC case and has favored the former. The SEC alleges that the fintech firm offered US investors securities without first registering its offerings with the regulator. Interestingly, Deaton believes that there is a strong chance of the two entities settling the case by way of a “splitting the baby” ruling.
This hints at the judge presiding, US District Judge Analisa Torres, “drawing a line in the sand” where she could potentially state that the XRP token was offered as a security prior to 2018. Now that the documents related to the former Securities and Exchange Commission corporation finance division director, William Hinman, em breve será divulgado, o juiz pode levar em consideração o fato de que as criptomoedas podem se tornar valores mobiliários quando totalmente descentralizadas.
“I think that XRP itself is going to be deemed not a security and that I think that secondary market sales show comment. Even if [Judge Torres] does rule finding that Ripple violated the law, that doesn’t apply to secondary market sales,” Deaton explained.
On the other hand, Deaton also brought attention to something he called a “six-month list.” Every year, district judges must file with Congress a list consisting of all the cases that they couldn’t solve in six months, and Judge Torres has never been on this list. The pro-Ripple attorney pointed out that this list is “like a public shame list that says, ‘look I’m shitty at my job.’”
Finally, Deaton also gave a reasonable forecast for the price of the XRP token. He believes that the cryptocurrency will be rightly valued if it’s between the $2 and $10 price levels. There are also multiple rumors that Ripple might be gunning for an Initial Public Offering once the lawsuit is over, and as per CEO Brad Garlinghouse, the decision of the case will come in the next three to six months.
Além disso, em um declaração given to CNBC’s Dan Murphy at the Dubai Fintech Summit, Garlinghouse said:
“With the SEC, we will spend — this is the first time I’ve shared this publicly — by the time all’s said and done, we will have spent $200 million defending ourselves against a lawsuit, which from its very beginning, people were like, well, this doesn’t make a lot of sense.”
The Ripple executive also added that SEC Chair Gary Gensler is contradicting his own statements that he made when he was a professor at MIT. Garlinghouse said that Gensler has been recorded saying that 75% of digital assets are commodities while adding, “Now he says they’re all securities because he’s the head of the SEC and he’s seeking power and he’s putting power ahead of sound policy to grow an economy in the United States.”