The SEC v Ripple case continues to draw interest, with XRP facing strong headwinds before a possible SEC appeal against the Programmatic Sales ruling.
On Thursday, XRP declined by 0.93%. Reversing a 0.06% loss from Wednesday, XRP ended the session at $0.5136. Significantly, XRP closed in negative territory for the seventh time in nine sessions.
SEC v Ripple case-related news garnered investor interest on Thursday. Defense attorney James Filan shared the latest from the ongoing SEC v Ripple case, saying,
“Motion to file Sur-reply has been granted.”
On Wednesday, Ripple filed a Motion to file a Sur-Reply relating to the SEC’s Motion to Compel.
In the Motion to file a Sur-Reply, Ripple asked permission,
“To correct a significant factual mischaracterization made by the SEC for the first time in its reply.”
Ripple provided the proposed sur-reply letter within the filing, which stated,
“The SEC claims that Ripple does not… argue that it would be burdened in producing post-complaint contracts. […] That is false: Ripple specifically objected to the SEC’s request as overly burdensome.”
The sur-reply letter went on to say,
“The SEC then doubles down on its misstatement, asserting Ripple recently cataloged and presumably produced, in the ongoing class action suit, all of Ripple’s XRP sales contracts from 2020 to June 2023, including determining the identity of counterparties to those contracts. […] That is also false.”
Judge Torres must now consider the SEC’s Motion to Compel, Ripple’s opposition filing, and the sur-reply letter.
On January 11, the SEC filed the Motion to Compel, asking the court to order Ripple to provide,
Ripple opposed the Motion to Compel on January 19.
As background, Ripple and the SEC are making their way through remedies-related discovery. On July 13, 2023, Judge Torres ruled that Ripple broke Section 5 of the 1933 Securities Act for failing to register XRP as a security for institutional sales.
The Motion to Compel suggests the SEC wants to ascertain whether Ripple continued to breach Section 5 of the 1933 Securities Act. Judge Torres could impose a punitive penalty. However, the SEC must demonstrate that Ripple continued to violate securities laws despite the complaint.
The documents would also reveal proceeds from post-complaint XRP sales to US institutional investors, if any. Proceeds from XRP sales to US institutional investors are a consideration for Judge Torres.
XRP sat below the 50-day and 200-day EMAs, sending bearish price signals. Significantly, the 50-day EMA continued narrowing on the 200-day EMA, another bearish sign.
An XRP return to the $0.52 handle would support a move to the $0.5470 resistance level. A break above the $0.5470 resistance level would give the bulls a run at the 200-day EMA.
Court rulings in the ongoing SEC v Ripple case, SEC v Coinbase-case related news, and US lawmaker chatter need consideration.
However, a break below the $0.5042 support level would bring the $0.4700 support level into play.
The 14-day RSI reading, 29.82, shows XRP in oversold territory. Buying pressure could intensify at the $0.5042 support level.
On the 4-hourly, XRP remained below the 50-day and 200-day EMAs, confirming the bearish price trends.
An XRP breakout from the $0.52 handle would bring the 50-day EMA into play. A move through the 50-day EMA would give the bulls a run at the $0.5470 resistance level.
However, a break below the $0.5042 support level would support a drop below the $0.50 handle.
The 4-hourly RSI, with a reading of 37.32, suggests an XRP fall through the $0.50 handle before entering oversold 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.