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  • Writer's pictureJamal Saafir

The Verdict Is In: XRP Is NOT A Security!


The word is out and prices are up! After what seemed to be a never ending battle, Ripple XRP has been vindicated! This victory is a victory for crypto as a whole and all HODL’ers are welcomed to rejoice.


This all started back in December of 2020 when the United States Securities and Exchange Commission named Ripple Labs, The creators of XRP cryptocurrency, and its two chief executives, Brad Garlinghouse and Chris Larsen, as defendants in a lawsuit alleging they were offering an unregistered security.


As reported by Cointelegraph, on July 13th, 2023 Ripple Labs emerged victorious in the United States District Court in the Southern District of New York. Judge Analisa Torres ruled in favor of the company in a lawsuit filed against them by the United States Securities and Exchange Commission.


According to documents filed on July 13th, 2023, Judge Torres granted summary judgment in favor of Ripple Labs conceding that the XRP token is not a security.


Excerpts from the official court document:

“Therefore, having considered the economic reality and totality of circumstances, the Court concludes that Ripple’s Programmatic Sales of XRP did not constitute the offer and sale of investment contracts.”17


17 Because the Court finds that the record does not establish the third Howey prong as to the Programmatic Sales, the Court does not reach whether the first or second Howey prongs have been satisfied.


“Therefore, having considered the economic reality and totality of circumstances, the Court concludes that Ripple’s Other Distributions did not constitute the offer and sale of investment contracts.”18


18 Because the Court determines that the record does not establish the first Howey prong as to the Other Distributions, the Court does not reach whether the second or third Howey prongs have been satisfied.


“Defendants’ motion for summary judgment is GRANTED as to the Programmatic Sales, the Other Distributions, and Larsen’s and Garlinghouse’s sales, and DENIED as to the Institutional Sales.”


Ripple’s CEO, Brad Garlinghouse, took to Twitter with an elated and confident tone, stating, “We said in Dec 2020 that we were on the right side of the law, and will be on the right side of history. Thankful to everyone who helped us get to today’s decision – one that is for all crypto innovation in the US. More to come.”

As a result of the ruling, XRP’s price went from .44 cents to .88 cents in a matter of hours. Not only did XRP receive a nice boost, but other cryptocurrencies referred to as securities by the SEC in recent months, such as Solana, Cardano, and Polygon, also received a boost in price as well. Stellar Lumens (XLM) received a pump very close in comparison to that of XRP, going from .09 cents to .18 cents within hours after the ruling.


This is a landmark ruling for crypto and may lay the foundation for much to come in the space in the way of innovation and institutional/investor interest.


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