U.Today - Pro-crypto lawyer John Deaton has continued to weigh in on the conversations bordering on the security status of the XRP coin. In his characteristic manner, the vocal attorney to a Twitter user Caesar Korvinus, who noted that the reason why he invested in XRP was based on the knowledge he has with respect to who sits on the board of Ripple Labs and the expertise of the firm's Chief Technical Officer (CTO) David Schwartz.
Wading into the conversation, John Deaton explained that if Korvinus indeed had direct contact with Ripple and made his purchases from the firm, then some of the elements of the Howey Test can be satisfied.
He noted that in the case presented by Korvinus, investors who acquire their XRP this same way can be said to be in a common enterprise with Ripple and the efforts of Schwartz gave them a reasonable expectation of raking in profit with little or no efforts at all.
Weighing SEC claims
Deaton, while acknowledging that there are some people in Korvinus' shoes, reemphasized how the broader claims by the United States Securities and Exchange Commission (SEC) that all sales of XRP, even those acquired from the secondary market, are investment contracts.Deaton that this is false and that the situation becomes different for users who "acquired XRP for non-investment purposes like transferring money on the ledger or utilizing the DEX."
Deaton is representing about 75,000 XRP holders as amicus curiae in the ongoing legal battle between the Ripple firm and the SEC. The argument is as simple as revealed earlier, the industry parties want the court to dismiss the lawsuit filed against Ripple for lack of merits. While some of the key issues embodied in the suit will be addressed individually by Judge Analisa Torres, the on the case is expected anytime from now.