Behind the scenes, the SEC and Ripple may be working toward a settlement. Failure to do so would leave the Courts to arrange a contested briefing schedule.
On Sunday, XRP rose by 2.02%. Following a 0.33% gain on Saturday, XRP ended the day at $0.5561.
On Sunday, the crypto community remained focused on former SEC Chair Jay Clayton and his decision to file charges against Ripple.
Amicus Curiae attorney and CryptoLaw US founder John E. Deaton had this to say,
“Here’s Clayton lighting the American people. Dude’s a total fraud. He VOTED. Of course it’s his decision. As Chairman, he controlled the money and the agenda. If he didn’t want to file the case against Ripple & XRP, on his very last day, before leaving the SEC to go advise One River on its $1B bet on BTC & ETH, he wouldn’t have.”
Deaton went on to say,
“He had the ability to say that since Consensys was represented by his law firm and was brokering the Quorum JPMCoin deal, due to the mere appearance of impropriety and inherent conflicts of interest, he shouldn’t vote for an enforcement action against his law firm’s client’s biggest competitor, and thus, recuse himself. It was his last day at the SEC after-all. Why file the most significant non-fraud enforcement action in modern history and walk out the door to leave for the new Chairman. Why you might ask indeed?”
On Saturday, Ripple CEO Brad Garlinghouse shared his views on a Jay Clayton interview on the Squawk Box, stirring the XRP Community.
Deaton responded to the Garlinghouse reaction, saying,
“You have to remember Clayton, Hinman, and Marc Berger were the driving forces behind filing the cast against Ripple. Clayton was clearly the one who pushed to sue Brad Garlinghouse and Chris Larsen, as he is on video with Joe Grundfest saying that even in non-fraud cases he likes to sue the executives because it changes the dynamics of the lawsuit.”
The timing of the focus on Clayton, Hinman, and the SEC coincides with the SEC and Ripple moving toward a briefing schedule.
In the ongoing SEC v Ripple case, Judge Analisa Torres ordered both parties to jointly propose a briefing schedule concerning remedies for the remaining charges against Ripple.
Some members of the crypto community believe Ripple has the upper hand in settlement talks. The infamous William Hinman speech and Hinman speech-related documents are a focal point in the SEC v Ripple case. Significantly, the SEC attempted, on at least six occasions, to shield the Hinman-speech-related documents under attorney-client privilege.
Progress to trial would place the documents into public scrutiny.
As background, former SEC Director of the Division of Corporation Finance William Hinman said that Bitcoin (BTC) and Ethereum (ETH) are not securities. Hinman’s connection with Simpson Thacher was a contentious issue. Simpson Tacher is part of a group that promotes Enterprise Ethereum. After leaving the SEC, Hinman returned to Simpson Thacher.
The Hinman speech-related documents could feature in any settlement discussions. However, there is concern that the SEC will appeal the Programmatic Sales of XRP ruling. The consensus is that the SEC is expediting the SEC v Ripple case to appeal the Programmatic sales ruling.
Judge Torres previously rejected the SEC motion for interlocutory appeal, forcing the SEC to proceed with the SEC v Ripple case to its conclusion before being able to file any appeals.
Uncertainty about SEC plans to appeal continues to influence XRP price movements. XRP responded to the Programmatic sales ruling, rallying to a July 13 high of $0.9327. However, the threat of an appeal caused XRP to drop below $0.45 before recent gains, driven by progress toward a BTC-spot ETF market.
XRP remained above the 50-day and 200-day EMAs, affirming bullish price signals.
An XRP break above the trend line would support a move to the $0.5835 resistance level. Progress toward a settlement in the SEC v Ripple case and BTC-spot ETF-related news will influence investor sentiment.
However, an XRP fall through the $0.5470 support level would bring the 50-day and 200-day EMAs into play.
The 64.11 14-day RSI reading suggests a move through the trend line before entering overbought territory.
In the 4-hourly Chart, XRP holds above the 50-day and 200-day EMAs, reaffirming bullish price signals.
An XRP move through the trend line would give the bulls a run at the $0.5835 resistance level.
However, a break below the $0.5470 support level and 50-day EMA would bring the 200-day EMA into play.
The 4-hourly RSI, with a reading of 55.36, suggests an XRP break above the trend line before entering overbought territory.
With over 20 years of experience in the finance industry, Bob has been managing regional teams across Europe and Asia and focusing on analytics across both corporate and financial institutions. Currently he is covering developments relating to the financial markets, including currencies, commodities, alternative asset classes, and global equities.