Attorney John Deaton, the founder of Crypto Law and staunch Ripple supporter, has pointed out what he opined to be the biggest threat to Ripple securing a complete victory over the U.S Securities and Exchange Commission (SEC) even as the case draws to an end.
The danger exists because securities laws do not need sales or transfer of an underlying asset to occur for a company to be liable for offering unregistered securities. Deaton added that he expects the SEC’s oral argument, if one should be conducted, to focus mainly on ‘offering.’
“[This] is the biggest danger to Ripple IMO. Application of the law doesn’t focus only on sales. In fact, a sale or transfer of the underlying asset doesn’t have to occur for a company to be liable. If there’s oral argument, I bet you hear the SEC lawyer focus a lot on the ‘offering.'”
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