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Garlinghouse is happy
Ripple CEO Brad Garlinghouse (Stephen McCarthy/Getty Images)
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SEC drops Ripple appeal in “resounding victory” for the crypto industry

XRP is up on the news.

Yaël Bizouati-Kennedy

Ripple CEO Brad Garlinghouse announced the SEC finally dropped its appeal against the firm — a move many XRP supporters have been waiting for. XRP, Ripple’s native token, is up 9% on the news. The decision is a big win for the crypto ecosystem, as the case became somewhat emblematic of the previous administration’s “regulation by enforcement” stance toward the industry.

“This is it — the moment we’ve been waiting for. The SEC will drop its appeal — a resounding victory for Ripple, for crypto, every way you look at it. The future is bright. Let’s build,” Garlinghouse posted on X.

The latest decision further cements the new administration’s departure from former Chair Gary Gensler’s anti-crypto stance.

Ripple’s chief legal officer said it was a landmark case.

The SEC sued Ripple in 2020, alleging that it sold XRP as an unregistered security. In January 2023, the judge ruled that XRP was a security when Ripple sold it to institutional clients but wasn’t a security when XRP sold to retail traders.

In August 2023, the US District Court for the Southern District of New York ordered Ripple to pay a $125 million civil penalty. Initially, the SEC had sought $2 billion. In October, the SEC appealed the decision, and later that month, Ripple filed a “cross-appeal,” or an appeal to that appeal.

The SEC has not formally announced it’s dropping the appeal, but this pattern follows other similar decisions such as its case against Coinbase, which CEO Brian Armstrong was first to announce would be dropped and then later was officially confirmed by the SEC.

The decision is also welcome news for the chances of an XRP ETF to be approved, several of which are in the works

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New bitcoin AfterDark ETF will be bitcoin at night, Treasuries by day

Tidal Trust II submitted form N-1A with the SEC to register a bitcoin ETF designed to systemically capture the cryptocurrency’s overnight return profile, a time window that delivered a significant portion of bitcoin’s upside last year.

The Nicholas Bitcoin and Treasuries AfterDark ETF provides long bitcoin exposure during US overnight hours, from the closing bell until the following morning’s market open when the fund intends to unwind its positions, according to a document filed with the SEC on Tuesday. 

To gain that exposure, the ETF may use a number of methods, such as bitcoin futures contracts, US-listed ETFs, or exchange-traded options on such bitcoin underlying funds. When the market is open and daytime trading is active, the fund’s portfolio will consist of US Treasury securities and other cash equivalents. 

In 2024, most of bitcoin’s gains occurred after hours, according to senior Bloomberg ETF analyst Eric Balchunas:

The AfterDark ETF filing comes as bitcoin crossed $94,000 on Tuesday, rising 4.5% in the last 24 hours. Even though spot bitcoin ETFs saw nearly $60.5 million in outflows on Monday, the investment vehicles have a cumulative net inflow of $57.6 billion, per SoSoValue.

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