Pro-XRP Lawyer Analyzes Ripple vs. SEC Ruling: Unpacking the Implications

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Pro-XRP lawyer Bill Morgan took to Twitter to provide a comprehensive breakdown of the legal developments in the Ripple vs. SEC case. This comes in the wake of a significant event where Judge Jed Rakoff denied the use of Judge Torres’s previous ruling to dismiss the SEC lawsuit. 

In response to a tweet from Bill Morgan, John E Deaton shares his perspective on the ongoing discussion.

In a series of insightful tweets, Bill Morgan, a prominent pro-XRP lawyer, delved into the complexness of Judge Torres’s ruling in the Ripple vs. SEC case. 

Morgan examined the details of Judge Torres’s decision, highlighting the underlying principles and considerations. He questioned the source of any potential error, claiming that the SEC itself categorized the three types of XRP sales, not the judge. These categories were established due to the significant differences in critical aspects between the sales types.

The lawyer pointed out that the judge’s approach was rooted in efficiency and fairness, analyzing each category based on the distinct parameters advocated by the SEC. By referring to authoritative sources, like the Marine Bank case, the judge evaluated each transaction within its specific context and intentions.

Morgan further emphasized that Judge Torres’s evaluation revealed substantial disparities between institutional and programmatic sales, where the key differences include contracts between Ripple and institutional buyers Vs programmatic buyers who remained unaware of Ripple’s role as the seller. The judge’s evaluation also discerned that programmatic buyers’ profit expectations were not dependent, solely on Ripple’s actions.

This detailed analysis underscored that the “factual setting as a whole” varied significantly between the sales categories, leading to distinct outcomes for the reasonable investor in each scenario. Morgan concluded that Judge Torres’s reasoning was solid, aligning with the landscape of facts presented in the case.

CryptolawUS Founder, John E Deaton, Voices Support for Morgan’s Analysis

John E Deaton, Founder of CryptolawUS, praises Bill Morgan’s comprehensive thread, highlighting its excellence in clarifying the nuances of Judge Torres’s approach. 

Deaton underscores that Judge Torres didn’t arbitrarily distinguish between various sales categories but rather carefully applied the SEC-defined categories to the Howey test. This methodical assessment defies the notion of a capricious separation.

Deaton confidently expresses his stance on the potential outcome, indicating his willingness to speculate significant resources that Judge Torres’s ruling will withstand any appeal. This observation reflects a high level of confidence in the integrity and precision of Judge Torres’s legal reasoning.

The dialogue between Morgan and Deaton not only underscores the depth of analysis these experts provide but also showcases the collaborative nature of the cryptocurrency legal community.