Big blow against Gensler [Altucher Confidential] July 13, 2023 [WEBSITE]( | [UNSUBSCRIBE]( The SEC's entire playbook has been this: 'Tokens are securities'. If they fumble, they're a paper tiger, and crypto soars. Here’s what happens next. [Hero_Image] Ripple Wins Case Against XRP By: Chris Campbell URGENT: Your $608 Credit Is Now Available. I am pleased to announce that you've got an immediate $608 credit for our research you can take advantage of… [Please click here immediately to learn how to claim this credit.]( **DISCLAIMER: Please note, this offer is limited to the first 1,000 that take advantage today** [Chris Campbell] CHRIS
CAMPBELL Dear Reader, Well, it happened. I admit. I almost never thought we’d see the day. And if we did, I thought it wouldn’t go this way. After hearing “three more weeks” for months on end, the mind begins to callous to the thought. And yet, in an unexpected turn of events… Ripple Labs has emerged (mostly) victorious against the SEC. Judge Analisa Torres established that the XRP token is not a security. The ruling states: “XRP, as a digital token, is not in and of itself a ‘contract, transaction or scheme’ that embodies the Howey requirements of an investment contract.” XRP has skyrocketed, up 70% on writing. Here’s the skinny. And what it means for crypto-at-large. Not Inherently Back in December 2020, the SEC charged Ripple Labs, creators of XRP, claiming they illegally raised $1.8 billion in unregistered securities sales. SEC's goal? Get Ripple to slam the brakes on XRP sales, calling for its tight-laced security classification. The core question was if the Howey Test—a securities litmus test—applied to the XRP token. Apparently, the SEC's case was all sizzle and no steak. In her ruling, Judge Torres determined that the XRP token failed to meet the criteria… EXCEPT when Ripple sold directly to institutions. $728 million worth of XRP sales (out of $1.8 billion) involved institutions. So Ripple Labs is on the hook for that. The rest? Outside of the SEC’s jurisdiction. The larger point here is that the XRP token is not inherently a security. It depends on how it’s being sold. [ALC] But here’s where things get murky. The court didn't make a decision on whether selling XRP to another person (a secondary market sale) is like selling an investment contract (a security). The court basically said, "we're not touching that topic right now." Meaning, those hoping this gives us regulatory clarity shouldn’t hold their breath. If upheld, it's a big win for Ripple who've always said that XRP is a cryptocurrency used for sending money across borders and not something the SEC should regulate. Of course, nothing’s set in stone. And the SEC may appeal the decision, so the legal battle is far from over. New âWiFi Cryptoâ Token is Going NUTS! Only a handful of crypto investors know about this… But there’s a tiny, affordable device… That’s paid investors real crypto – every day, with zero work… Just for having a working WiFi connection! It sounds crazy, but it’s true… And [this 3:28 video]( explains everything. [Click here to view it NOW](. A Win for Coinbase? Coinbase is up 25% today on the news. For good reason. This is GREAT news for crypto exchanges, especially Coinbase. Last month, James and I wrote the following to our Early Stage Crypto subscribers: The stakes are pretty high now for the SEC. If Judge Torres, the judge on the Ripple (XRP) case, rules that XRP tokens are not securities, it would deal a heavy blow to the SEC’s cases against Coinbase. To be sure, a ruling by Torres would not set precedent. Binding precedent only happens in appeals court and the Supreme Court. BUT… this situation is unique. Judge Rearden, assigned to the Coinbase case, is a newbie. He’s only been a judge for six months. AND Rearden works in the same court in lower Manhattan as Torres. A ruling by Torres would likely incent Rearden to follow suit. The SEC's entire playbook has been this: 'Tokens are securities'. If they fumble, they're a paper tiger, and crypto soars. That said… Should you brace for a bull run? Stay tuned till tomorrow for more. Until next time, [Chris Campbell] Chris Campbell
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