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<p class="is-style-lead">Judge Analisa Torres will likely reject the U.S. Securities and Exchange Commission’s (SEC) interlocutory appeal, according to attorney John Deaton.</p> 
<p>Speaking at the first annual onXDC Live blockchain conference held in Texas, Deaton — founder of Crypto-Law.us and managing partner of the Deaton Law Firm — claimed the SEC had not actually appealed against the ruling that favored Ripple’s XRP.</p> 
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 <div class="wp-block-embed__wrapper"> <iframe loading="lazy" title="John Deaton XRP Presentation - onXDC Conference 2023" width="1020" height="574" src="https://www.youtube.com/embed/hPdUs25BvdE?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" allowfullscreen></iframe> 
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<p>According to Deaton, Torres, who <a href="https://crypto.news/xrp-is-not-a-security-us-judge-rules/" data-type="link" data-id="https://crypto.news/xrp-is-not-a-security-us-judge-rules/" target="_blank" rel="noreferrer noopener">ruled</a> that XRP is not a security if sold on secondary markets, has only allowed the regulator to file a <a href="https://crypto.news/sec-petitions-judge-to-certify-appeal-in-xrp-security-case/" target="_blank" rel="noreferrer noopener">motion</a> for an interlocutory appeal. </p> 
<p>He further added that there was a likelihood the judge would deny the SEC’s motion, forcing the regulator to file a complete appeal, which won’t happen until late 2024 at the earliest, after the main case has been dispensed with.</p> 
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 <p>I predict she denies it, and then when she denies it, they have to wait for a full appeal, which, after the case, would be sometime in late 2024, which would take another 18 months, which would mean we’d be into late 2025 before the second circuit could ever hear it.</p> <cite>John Deaton</cite>
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<p> You might also like: <a href="https://crypto.news/sec-petitions-judge-to-certify-appeal-in-xrp-security-case/"> SEC petitions judge to certify appeal in XRP security case </a> </p> 
<p>Previously, Deaton had thrown his <a href="https://crypto.news/pro-crypto-lawyers-clarify-xrps-security-status/" target="_blank" rel="noreferrer noopener">support</a> behind Judge Torres, claiming she made her decision by applying the <a href="https://www.sec.gov/files/dlt-framework.pdf" target="_blank" rel="noreferrer noopener">Howey test</a> to every charge the SEC had brought against Ripple.</p> 
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   <p lang="en" dir="ltr">Excellent 🧵 explaining that Torres didn’t make a distinction between the different sales out of thin air. She took each type of sale CHOSEN and DEFINED by the SEC and applied the Howey test. I’m willing to bet significant funds she doesn’t get reversed on appeal. <a href="https://t.co/5jAfwusrng" target="_blank">https://t.co/5jAfwusrng</a></p>— John E Deaton (@JohnEDeaton1) <a href="https://twitter.com/JohnEDeaton1/status/1688309749610168320?ref_src=twsrc%5Etfw" target="_blank" rel="noopener">August 6, 2023</a>
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<p>In his understanding, the judge divided Ripple’s XRP sales into three categories and found significant differences between them, noting in particular that institutional customers signed contracts with Ripple while retail customers did not.</p> 
<h2 class="wp-block-heading" id="qualified-immunity">Qualified immunity</h2> 
<p>At the onXDC session, Deaton also discussed qualified immunity, a legal principle that casts doubt on the SEC’s activities. </p> 
<p>Qualified immunity protects government employees, such as those at the SEC, from private lawsuits when they act within the scope of their official obligations. Deaton opined that this protection can make it difficult to hold regulators accountable for their actions.</p> 
<p>Furthermore, the lawyer, who has been at the forefront of the <a href="https://www.bloomberg.com/news/newsletters/2023-08-17/what-s-next-in-sec-v-ripple-xrp-crypto-lawsuit" target="_blank" rel="noreferrer noopener">SEC vs. Ripple</a> case, emphasized the importance of having “smoking gun” proof of negligence on the part of SEC officials in order to overcome the agency’s qualified immunity status.</p> 
<p>He noted that immunity claims could be thrown out if substantive evidence is used to bring a civil conspiracy suit against the SEC.</p> 
<p> Read more: <a href="https://crypto.news/charles-hoskinson-says-sec-will-not-charge-cardano/"> Charles Hoskinson says SEC will not charge Cardano </a> </p>

SEC appeal a bust? Judge’s ruling will favor XRP, crypto attorney predicts

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