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SEC v. Ripple: Attorney Deaton files pre-motion letter for intervention by 10,000 XRP holders

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  • Attorney John E. Deaton has filed the pre-motion letter, initiating a second attempt at intervention in the case between Ripple and the SEC.
  • At this point, over 10,000 XRP investors support the motion.

As CNF reported, Judge Analisa Torres of the Southern District of New York on March 15 denied John E. Deaton’s motion to intervene in the U.S. Securities and Exchange Commission’s (SEC) lawsuit against Ripple on behalf of thousands of XRP holders. Torres reasoned that under the court’s local rules, a pre-motion letter must be filed requesting approval of the motion.

Deaton had wanted to refer to an exemption, which Torres did not recognize. A few days after that, Deaton is now launching a new effort. As Deaton writes on a blog post on CryptoLaw, he filed the pre-motion letter yesterday, March 19, to request intervention by XRP holders, while there are now over 10,000 XRP investors supporting the motion.

In the letter, Deaton lays out why XRP holders should be allowed to intervene in the case and represent their interests. Deaton states:

Allowing us to intervene is appropriate because neither party in the case currently represents the holders and users of XRP.  A key aspect of Ripple’s defense will be to demonstrate that they have no duty or obligation to XRP holders, and given the SEC’s actions thus far, we can’t expect it to even consider the interests of XRP holders.

In the pre-motion motion brief, Deaton further reasons that it is striking that “didn’t limit the claims to specific distributions of XRP directly sold from the Defendants during a specific time period. Instead, the SEC implied that all XRP are securities”. Thus, the SEC implies that all XRP are unregistered securities, including XRP in the accounts of XRP holders.

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With the intervention, Deaton aims to demonstrate “that XRP is a government-recognized currency that is completely independent of Ripple. We will show how XRP is being used in the U.S. and around the world as a currency.” Deaton discusses that XRP was first recognized as a currency by FinCEN, and in subsequent years by Japan, Switzerland, the UK, and the UAE.

For example, six years ago, the Financial Crimes Enforcement Network (“FinCEN”) entered into an agreement with Ripple that XRP would be considered a virtual currency and its use would be registered exclusively with FinCEN, not the SEC. Afterwards, foreign nations started agreeing with the U.S. government’s 2015 currency classification of XRP, and Japan, Switzerland, the U.K. and the UAE have all declared XRP is not a security. Since that 2015 designation as virtual currency, the use cases of XRP have exploded.

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Ripple Deepens its Footprint in The Middle East Through Pyypl

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Ripple deepens its footprint in the Middle East region through a partnership with international blockchain-based financial services company Pyypl.

Ripple announced the news in a blog post on Monday, October 25. Through the partnership, two companies aim to bring instant, low-cost remittances to the Middle East and North Africa (MENA) region, starting with the United Arab Emirates (UAE).

Pyypl is a non-bank financial services provider focusing on the Middle East, Africa, and Central Asia. According to the announcement, Pyypl has started using RippleNet’s On-Demand Liquidity (ODL) payment service in the Philippines. This means users of Pyypl can now send money from UAE to the Philippines. The companies have plans to expand the ODL-powered payment network to new markets as well as explore additional use cases in the future.

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ODL is the payment service provided by Ripple’s global payment network RippleNet. Through the On-Demand Liquidity (ODL) service, RippleNet leverages the digital asset XRP as a bridge between two currencies, eliminates pre-funding of destination accounts, reduces operational costs, and unlocks capital.

In ODL, the money to be sent is converted to Ripple native token XRP and then sent over by using Ripple’s XRP ledger. On the receiver side, XRP can be converted back to the currency the receiver wants.  According to the company, sending money anywhere in the world takes as little as three seconds.

According to Ripple, the Middle East and North Africa (MENA) region is home to two of the top three remittance corridors in the world. Traditional remittances are often plagued by slow, expensive, and opaque transactions. However, by using ODL and XRP, Pyypl will now provide instant, low-cost remittance options for people sending money into and out of the region. The announcement notes that “XRP will not be held within the UAE and transactions will not involve the currency AED as part of the payment flow.”

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Antti Arponen, Co-Founder and CEO of Pyypl, commented:

“We’re excited to be Ripple’s first partner of choice to bring the deployment of ODL to the Middle East. This enables our ever-increasing number of users to deliver remittances instantly and cost-effectively. We’ve also reduced our inefficient use of capital through ODL, and look forward to an exciting rollout of its capabilities across the region.”

Ripple is not the new entrant to the MENA region. As Crypto Economy reported, Ripple has recently announced a partnership with Qatar National Bank (QNB) with a focus on cross-border payments for Qatar citizens. Ripple also established a regional headquarters in Dubai in 2020 to support its customers. In the previous week, Ripple announced a parthership with Al Ansari Exchange, the UAE-based foreign exchange, to provide remittance service from UAE to Malaysia.

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Ripple Collabs With Pyypl to Expand ODL Services in MENA Region

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  • Ripple partners with Pyypl to expand ODL services in the MENA region.
  • Through this ODL synergy, users will enjoy instant and cheap remittance services.
  • The United Arab Emirates (UAE) will be the first to access this.

Ripple announced that it is now in a fantastic partnership with blockchain-based fintech company Pyypl to continue expanding On-Demand Liquidity services particularly, in the Middle East and North Africa (MENA) region.

Moreover, with this partnership release, Ripple and Pyypl will work hand-in-hand to provide instant and low-cost remittances services. Based on the report, among the other MENA regions, the United Arab Emirates (UAE) will be the first to experience the ODL services.

Notably, this fintech innovation by Ripple aims to make remittance services fast and easy in terms of the to-and-fro of transactions in the MENA area. Of note, as part of the payment flow, “XRP will not be held mainly in the UAE.” Also, all the transactions under this ODL synergy in the country will not involve AED —  the UAE native currency.

By banking the unbanked, Pyypl will meet its long-term goal of providing digital payments for the underserved smartphone users in the MENA area. Best of all, Pyypl will also use Ripple’s ODL to remove high-cost pre-funded accounts needed in the traditional cross-border payments.

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Pyypl’s Co-Founder and CEO Antti Arponen said,

unlocking these previously trapped funds can help better grow and scale the business.

To cut a long story short, this announcement carries Ripple’s ever-growing presence and momentum ahead in the Middle East and North Africa.

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Warrant Buffet backs RippleNet’s Nubank while SEC vs Ripple case drags on

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  • Warren Buffet’s conglomerate Berkshire Hathaway has invested $500 million in Brazilian digital bank Nubank, a member of RippleNet.
  • The SEC v. Ripple case drags on as both disagree on the nature of documents.
  • Ripple has argued that the SEC has not articulated a link between the extra documents in its decision-making.

SEC v. Ripple proceedings continue as the court concedes SEC’s extension request and pushes the expert discovery deadline to January 14. There are several complications in the case, and the American regulator did not object to filing exhibits being filed under seal. 

Berkshire Hathaway invests in RippleNet member bank

Warren Buffet’s conglomerate firm Berkshire Hathaway poured in a $500 million investment in Brazilian digital bank Nubank. The Latin American NEO bank is the largest financial technology bank in the region. It is a member of RippleNet and has engineering offices in Berlin, Argentina and Mexico City.

The bank recently announced the investment. Nubank’s partnership with RippleNet was revealed nearly around the same time when Buffett’s Berkshire Hathaway made the $500 million investment. 

In Ripple’s defense against the accusations made by the Securities & Exchange Commission (SEC), the firm has claimed that the SEC failed to “articulate” a link between the three extra documents (requested by Ripple) and its decision-making process. 

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Ripple’s October 22 filing reiterates that the documents are highly relevant to the defense. Further, Judge Netburn has ordered the SEC to respond to Ripple’s interrogatories and identify the terms of the “investment contract” from XRP sales. 

The order reads:

Accordingly, Defendants’ motion regarding Ripple Interrogatory No. 2 is GRANTED, and the SEC must supplement its response to Interrogatory No. 2 to identify any specific contractual terms and not just implicit and explicit promises as previously identified.

Mike Novogratz, the founder and CEO of Galaxy Digital, has argued that community resilience in the SEC v. Ripple case has led XRP’s price to multiply three times despite the ongoing lawsuit. 

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Novogratz called XRP 

a diversified financial services and investment management innovator in the digital asset, cryptocurrency and blockchain technology sector.

FXStreet analysts have evaluated the XRP price trend and predicted that the altcoin’s price will likely hit $1.50. 

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