The SEC vs. Ripple Labs fight is getting more heated and attorney Fred Rispoli said one of the possible outcomes of this saga could be Ripple winning. However, now the SEC wants to extend the time of filing its principal brief until January 15, 2025.
Most recently, an attorney Fred Rispoli explained, âThe SEC often seeks continuances not only because it wants to delay things but because it can be very stretched thin by all the cases it has pending.â
Rispoli: Ripple Appeal Hinges on Paperwork, Not Trial
Appearing as a guest on the âGood Morning Crypto Showâ, Attorney Fred Rispoli clarified that appeals are essentially a matter of paperwork without new trials or evidence. Each side files three core documents: the opening brief, an opposition brief, and a reply brief.
In this case, the appeal includes the SECâs and Rippleâs cross-appeal. After these filings, the court will schedule oral arguments. This shoud allow each side to present their case before a panel of three judges.
The SEC has also filed a request for a deadline for its principal brief in its appeal case against Ripple.
Fred Rispoli stated that the SECâs request for an extension aligns with his projected timeline for the appeal. He expects oral arguments, likely in September or October 2025, to provide early clues on the judgesâ stance. These first impressions could hint at the final outcome of the case.
These dates could shift further, though, if more extensions are allowed, something that usually happens within the Ninth Circuit.
Amicus Briefs Taking Center Stage in Crypto Cases
Amicus briefs, said Rispoli, will play an essential role in the appeal. The filing by third parties may bring new insights that could affect the case. He said the appellate judges should take those seriously, especially because theyâre more likely to be more numerous and impactful than at the district court level.
An amicus brief â a âfriend of the courtâ brief â is filed by third parties not directly being part of the case. It is to provide policy insights or additional context for specific arguments. Quite often, this shapes high-stakes decisions. An amicus brief is quite common in Supreme Court cases. Most trial and federal appellate cases do not involve amicus briefs.
However, crypto litigation has bucked that trend. Just for comparison, there were 14 amicus briefs in the case by Ripple, six in Coinbaseâs case, and, in Grayscaleâs case, eight entities filed briefs.
Could Genslerâs Departure Change the Fate of Crypto?
Rispoli, a vocal critic of SEC Chair Gary Gensler, also recently suggested that a change in leadership could significantly impact crypto regulation. He speculated that Gensler is âalmost assuredlyâ on his way out, regardless of the 2024 electionâs outcome, making the choice of his successor pivotal for the industryâs future.
When asked if new legislation could render the SECâs appeal moot, Rispoli explained that a clearly defined law would likely have that effect.
If Congress passes crypto legislation by yearâs end, effective from January 1, 2025, Rippleâs legal team would file a notice of supplemental authority with the Second Circuit, arguing the new lawâs relevance to their case.
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