Search results for Howey Test
Crypto
Ripple\'s David Schwartz says SEC trying to rewrite history, reviving dispute over XRP non-security ruling
Ripple Chief Technology Officer David Schwartz challenged the view that the U.S. Securities and Exchange Commission only took issue with how Ripple sold XRP during the lawsuit. He called it an attempt to \"rewrite history\" and said the regulator advanced broader arguments that XRP holders expected profits based on Ripple\'s efforts, including for exchange-traded XRP. The debate resurfaced on the third anniversary of a 2023 ruling that XRP itself is not a security, while some institutional sales violated securities laws.
Crypto
U.S. court ruling that XRP itself is not a security marks 3rd anniversary
Three years have passed since a U.S. court said XRP itself cannot be uniformly treated as a security. The ruling distinguished between programmatic sales on public exchanges and direct sales to institutional investors, shaping the broader direction of U.S. crypto regulation. The court found exchange trading did not meet key elements of the Howey test, while judging about $728 million of direct institutional sales as unregistered securities offerings. Ripple executives have said the lawsuit pressured the company’s survival.
Crypto
Trump-linked World Liberty Financial token may be unregistered security
A claim has emerged that WLFI, a token issued by the DeFi and stablecoin project World Liberty Financial linked to U.S. President Donald Trump’s family, could qualify as an unregistered security. Lee Reiners, a Duke University instructor and former New York Fed examiner, wrote on his blog that WLFI is likely to draw scrutiny from the U.S. Securities and Exchange Commission. He argued it is hard to view WLFI as a pure digital commodity under the SEC’s recent token classification standards.