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SEC will seek to appeal the landmark Ripple decision on whether XRP is a security

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SEC will seek to appeal the landmark Ripple decision on whether XRP is a security

The Securities and Exchange Commission said it will appeal a judge’s controversial Ripple decision, which found that sales of the XRP cryptocurrency did not constitute securities sale in certain circumstances, in a letter filed to the District Court for the Southern District of New York on Wednesday.

The mid-July ruling had represented a temporary victory for the embattled crypto industry, with Judge Analisa Torres finding that sales of Ripple’s XRP token did not constitute it as a security when sold programmatically, or through the open market.

The ruling had immediate ramifications, with prominent crypto exchanges rushing to re-list XRP. The SEC indicated it would appeal the decision, especially as a different SDNY judge expressed doubts over Torres’s arguments in a separate case. In its Wednesday letter, the SEC said it would seek an appeal of the judge’s holding on programmatic sales.

The Ripple case is one of the major battles in the nascent blockchain industry. Founded in 2012, Ripple is one of the highest-profile crypto companies, although its XRP token has come under fire from regulators as well as other digital assets firms. In 2020, the SEC charged the company with raising over $1.3 billion through an offering of unregistered digital asset securities.

Although many in the crypto industry argue that XRP differs from other popular cryptocurrencies such as Bitcoin and Ether due to its centralized structure, the case hinges on one of the central debates for the sector: whether cryptocurrencies should be regulated as securities or as commodities.

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The judge’s ruling, which found that XRP by itself does not constitute a security and that sales of XRP were only securities sales when made to sophisticated investors, appeared to be an opening for the rest of the industry. The SEC currently has active lawsuits against major exchanges such as Coinbase and Binance for offering unregistered securities. Torres’s ruling, however, indicated that such programmatic sales would be outside the jurisdiction of the SEC.

The mid-July ruling was split, with Torres leaving some questions for a later jury trial, including whether two Ripple executives were liable for the unlawful offering and sale of securities. Earlier on Wednesday, she announced her intent to hold the trial in the second quarter of 2024. The fact that the case is not yet settled complicates the appeals process, prompting the SEC’s motion to seek leave to file an interlocutory appeal.

In its letter filed on Wednesday, the SEC said that it would seek to stay the court’s proceedings, including the scheduling order, during its motion and potential appeal. The agency argued that the order’s ruling was of consequence to other pending litigation, including against Coinbase, Binance, and Huobi founder Justin Sun. The agency also noted that a different SDNY judge had exhibited “substantial ground for difference of opinion” on the question of programmatic sales in a separate case involving Terraform Labs, the developer of the failed TerraUSD stablecoin.

According to the schedule set forward in the letter, Ripple’s response will be due Aug. 16, and the SEC will file its opening brief two days later. The appeal would be heard in the U.S. Court of Appeals for the Second Circuit.

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Delta police targeting cryptocurrency scams

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Delta police targeting cryptocurrency scams

DPD and blockchain analytics company Chainalysis co-hosted other law enforcement agencies and cryptocurrency exchanges for ‘Operation DeCloak’

A cryptocurrency fraud workshop co-hosted by the Delta Police Department last fall identified over 1,100 victims worldwide, including a ‘significant number’ in Canada.

On Sept. 16 and 17, 2024, the DPD and blockchain analytics company Chainalysis hosted “Operation DeCloak,” bringing together representatives from law enforcement agencies including the RCMP, Victoria Police Department, Vancouver Police Department, the BC Securities Commission, the BC Prosecution Service and the BC Financial Services Authority, as well as key stakeholders from cryptocurrency exchanges such as Shakepay and others.

The initiative was a localized “sprint” of Chainalysis’ “Operation Spincaster,” a series of public-private collaborations designed to disrupt and prevent cryptocurrency scams. Spincaster itself spun out from “Operation Disruption,” a collaboration between Chainalysis and the Calgary Police Service in March 2024.

“Leveraging the transparency of the blockchain, Chainalysis proactively identified thousands of compromised wallets. This actionable intelligence formed the basis of a series of operational sprints across six countries (U.S., U.K., Canada, Spain, Netherlands and Australia) with over 100 attendees, including 12 public sector agencies and 17 crypto exchanges,” the company said in a press release.

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“Over 7,000 leads were disseminated during these sprints, relating to approximately US$162 million of losses. These leads were used to close accounts, seize funds and build intelligence to prevent future scams.”

During last fall’s Operation DeCloak, Chainalysis led training sessions in investigating leads, tracing stolen funds and identifying compromised wallets using the company’s proprietary “Crypto Investigations Solution.”

According to a DPD press release, 240 crypto addresses were closely examined, revealing an estimated collective loss of C$35 million.

SEE ALSO: Court rejects environmental challenge to massive Delta port expansion

The event also promoted proactive policing and disruption strategies aimed at combating fraud, with particular emphasis on a growing tactic known as “approval phishing” used by romance and investment scammers targeting cryptocurrency transactions. 

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The method involves scammers gaining their victim’s trust by promoting false investment opportunities with the promise of high returns, thereby convincing victims to unknowingly approve malicious blockchain transactions.

The initial transaction gives the scammer access to tokens in the victim’s digital wallet without the victim’s knowledge, resulting in unauthorized withdrawals.

Police say scammers typically connect with their victims through social media, or via apps or pop-up ads.

During Operation DeCloak, police say immediate steps were taken to notify identified victims of these scams.

“With the co-operation of the exchange companies, affected individuals were promptly contacted with the goal of preventing further harm,” the DPD said in its press release.

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Since the workshop, the department has successfully deployed the techniques learned through Operation DeCloak. 

“The technique was applied to a previous investigation which identified stolen cryptocurrency funds in a blacklisted address containing US$1.2 million. This address was in the process of being seized by an overseas police agency,” the department said.

Using the DeCloak techniques, the DPD’s Cybercrime Unit has identified an additional 70 transactions worth US$800,000 sent from Canadian exchanges. Investigators are identifying those victims and seizing the funds from the blacklisted address so they can be returned.

“This collaboration with Chainalysis and cryptocurrency exchanges is a testament to the DPD’s focus on innovation and commitment to community safety and well-being.”

SEE ALSO: Conservative candidate files court petition over Surrey ‘voting irregularities’

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SEE ALSO: Good Samaritan saves 3 people in fiery single-car crash in Surrey

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Coinbase Investigates ‘Delayed Sends’ for XRP on Its Platform | PYMNTS.com

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Coinbase Investigates ‘Delayed Sends’ for XRP on Its Platform | PYMNTS.com

Cryptocurrency exchange Coinbase said Tuesday (Jan. 14) that it is investigating a problem with delayed sends of Ripple (XRP) on its platform.

“We are aware that some users may be experiencing delayed sends for Ripple (XRP),” Coinbase said in an incident report on its status page. “Buys, Sells and Fiat withdrawals/deposits are not affected. We are investigating this issue and will provide an update shortly.”

In an earlier, separate report on its status page, Coinbase said some users experienced delayed sends and receives for Stellar (XLM) on Friday (Jan. 10). That incident was resolved within 90 minutes.

On Thursday (Jan. 9), some users experienced latency or degraded performance with buys, sells, sends, Coinbase Onramp and Advanced Trade. That issue was resolved within two hours, according to the page.

In other, separate news about the company, it was reported Thursday (Jan. 9) that Coinbase told customers that it may have to share data demanded by the Commodity Futures Trading Commission (CFTC).

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The regulator sent a subpoena to the firm that seeks information about Coinbase customers’ interactions with prediction market firm Polymarket, and Coinbase emailed some customers saying it may have to share that data with the CFTC.

“When we receive requests for information from a government, each request is carefully reviewed by a team of trained experts using established procedures to determine its legal sufficiency,” a Coinbase spokesperson told CoinDesk.

On Dec. 9, cryptocurrency payments solution firm Triple-A announced an integration with Coinbase that it said it designed to let Coinbase users make payments to select merchants in the Triple-A network.

“Triple-A’s integration with Coinbase Commerce will empower merchants to offer a Coinbase-specific payment option, enhancing the convenience for Coinbase users and allowing Coinbase to connect with a wider network of merchants, to drive the broader adoption of cryptocurrency payments,” the company said in a press release.

Coinbase upgraded its Coinbase One subscription program and launched a new tier called Coinbase One Premium on Dec. 4, saying that with these new offerings, “Coinbase One now truly benefits all types of traders.”

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Coinbase One membership has reached 600,000 across 42 countries, the company added.

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Credissential Inc. Adopts Cryptocurrency Policy, Plans XRP and XLM Purchases – TipRanks.com

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Credissential Inc. Adopts Cryptocurrency Policy, Plans XRP and XLM Purchases – TipRanks.com

Stay Ahead of the Market:

An update from Axiom Capital Advisors, Inc. ( (TSE:WHIP) ) is now available.

Credissential Inc. announced a new Cryptocurrency Acquisition Policy aimed at enhancing shareholder value by purchasing digital assets like XRP and XLM. This move aligns with the company’s cryptocurrency initiatives and allows investors exposure to the growing digital asset market. The policy is also seen as a strategy to navigate inflationary pressures while diversifying the company’s treasury holdings, indicating a proactive approach to adapting to market trends and delivering long-term shareholder value.

More about Axiom Capital Advisors, Inc.

Credissential Inc. is a vertically integrated AI software development company focusing on advancing financial technology solutions. The company is committed to developing innovative products such as Antenna, a payment platform enhanced with AI and quantum encryption technologies, and DealerFlow, an AI-driven dealer management system designed to streamline operations and enhance efficiency.

YTD Price Performance: -6.45%

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Average Trading Volume: 298,973

Technical Sentiment Consensus Rating: Buy

Current Market Cap: C$6.17M

Find detailed analytics on WHIP stock on TipRanks’ Stock Analysis page.

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