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<p>The post <a rel="noopener noreferrer nofollow" href="https://coinpedia.org/news/ripple-cto-assets-sale-as-security-doesnt-determine-status/">Ripple CTO: Asset’s Sale as Security Doesn’t Determine Status</a> appeared first on <a rel="noopener noreferrer nofollow" href="https://coinpedia.org">Coinpedia Fintech News</a></p> 
<p>Amid the rising waves of discussions following Judge Analisa Torres’ ruling in the SEC-Ripple case, David Schwartz, Ripple’s CTO, has voiced his perspective.</p> 
<h2 id="the-dual-faceted-verdict-and-what-it-means" data-name="the-dual-faceted-verdict-and-what-it-means" class="wp-block-heading"><strong>The Dual-Faceted Verdict and What It Means</strong></h2> 
<p>Judge Torres’ decision marked Ripple’s institutional XRP sales as securities. This was attributed to institutional investors’ hopes of seeing a profit emerging from Ripple. On the flip side, programmatic sales of XRP on secondary markets were given the green light, not being deemed securities. The distinction was based on varying expectations held by retail investors.</p> 
<h2 id="the-heart-of-schwartzs-argument" data-name="the-heart-of-schwartzs-argument" class="wp-block-heading"><strong>The Heart of Schwartz’s Argument</strong></h2> 
<p>Schwartz’s central argument opposes the notion that if an asset is introduced as a security, it retains that tag indefinitely. He pushes back against David Barrera who posits that a buyer in a secondary market may anticipate profit from token promoters. The Ripple CTO found inconsistencies in the SEC’s stance regarding the Bittrex case, where Bittrex was indicted for promoting crypto assets, purportedly securities.</p> 
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   <p lang="en" dir="ltr">I don't think that claim is true. (For example, Howey has to buy orange groves to sell them. If successful, they'll add to the demand for groves.) But even if it was, it wouldn't render the SEC's legal theory coherent. That something was sold as a security doesn't make it one.</p>— David "JoelKatz" Schwartz (@JoelKatz) <a href="https://twitter.com/JoelKatz/status/1690871620783738880?ref_src=twsrc%5Etfw" rel="noopener noreferrer nofollow">August 13, 2023</a> 
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<p>In a spirited discourse, Schwartz expressed his doubts over such an overarching label being slapped on all sales, suggesting the nature of a sale doesn’t set in stone the asset’s status.</p> 
<h2 id="an-online-debate-howey-trees-and-securities" data-name="an-online-debate-howey-trees-and-securities" class="wp-block-heading"><strong>An Online Debate: Howey Trees and Securities</strong></h2> 
<p>Enter Jason Coombs, a Twitter user, who put forth a different angle to the discussion. He delved into the intricacies of the Howey case, suggesting that the sale of Howey Trees constituted an “investment security scheme.” Drawing parallels, he highlighted that the transactional nature, not the physical movement of assets, marked them as securities.</p> 
<p>Schwartz, countering this, brought attention to the difference between transferring contractual rights and simply selling trees. He emphasized that just because an offer was related to an investment contract, it doesn’t solidify the product’s security label.</p> 
<p>Drawing on the culmination of their digital tête-à-tête, David underscored that looking beyond just the formal terms of a contract is essential. He added that the Howey case’s pivotal point was not about ignoring the need for a contract but about understanding that a contract alone doesn’t define an asset.</p>

Ripple CTO: Asset’s Sale as Security Doesn’t Determine Status

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