Saturday, January 23, 2021

Mexican Fintech Lawyer Analyzes SEC’s Major Point against XRP and Why It Is Unnecessary

According to Arturo Portilla, a Mexican tax and fintech lawyer, there are various use cases embedded in the digital token XRP, contrary to the claim of the United States Securities and Exchange Commission (SEC), which serves as the basis of the lawsuit against Ripple and its top executives.

In a series of tweets on 25th December 2020, Portilla analyzed various uses of XRP and how beneficial it is to users, investors, and institutions.

Portilla noted:

“Just finished reading the SEC v. Ripple Complaint — Most of the allegations in re. XRP being a security are built around the false idea that investors bought an asset that had no ‘use’ beyond speculative purposes. This is exactly where their whole case cracks up.

Read Also: XRP Dips as SEC Files Suit against Ripple for 7-Year $1.3 Billion XRP Sale

“Ripple has to properly document and demonstrate all the ‘uses’ made available by the XRPL since the beginning of times. Some of them include: – Immediate and cheap peer-to-peer transfers (everyone could be its own ODL since XRPL was first launched).

“Every XRP investor has had access to a fully functional decentralized exchange since the very beginning, being able to use XRP to trade against a variety of IOUs. – XRP has been a very useful instrument for payments since it came into existence.

“Also, XRP investors have been able to employ wealth management strategies through the utilization of diverse XRPL features, such as escrows. – Later on, other non-Ripple dependant ‘uses’ were brought by other companies such as Coil, amongst many others.”

Several XRP Use Cases Were Discovered In 2020

The fintech lawyer also pointed out that some XRP use cases were discovered in 2020, such as the ability to loan and stake XRP in order to obtain yields. He added that the digital token can also be used to effect online payments via payment aggregators:

“Additional ‘uses’ appeared through the years, including the ability to loan and/or stake XRP and obtain yields (including the possibility to borrow XRP), as well as the ability to make online payments through payment aggregators.

Read Also: Brad Garlinghouse Discusses the Impact of XRP Regulatory Uncertainty on Ripple’s Customers

“Truth is that, since the creation of XRP, every XRP holder has had the immediate possibility to ‘use’ the asset for a variety of things. In fact, speculation is something that came to XRP after the asset was already useful for many other purposes.

“As a matter of fact, speculation as a self-maintained ‘use’ didn’t appear until XRP was integrated with a variety of exchanges and deep markets were built around the digital asset. Even before that happened, XRP was already available to support many uses through the XRPL.”

What SEC Deliberately Failed To Acknowledge

According to the fintech lawyer, SEC intentionally failed to acknowledge that XRP can be used to make international payments without the need for Ripple’s ODL or any intermediaries. He thinks SEC deliberately ignored this fact to sustain its allegations:

“I have personally used XRP to make international payments and international transfers without using any intermediaries whatsoever. Let alone Ripple’s ODL. — This is something the SEC deliberately failed to acknowledge in order to be able to sustain their allegations.

“The SEC’s allegations are trying to ascertain that, beyond speculation and Ripple’s “subsidized ODL”, there’s nothing XRP buyers can do with XRP, hence why XRP investors rely solely in the efforts of Ripple. – This is wrong in many different levels, as argued above.”

Read Also: PayPal Decides Not To Support XRP. Here Is Why

Conclusively, Portilla believes that there are strong arguments that could give Ripple a good case against SEC. He added that SEC’s case against Ripple still remains an allegation until the court passes the final verdict.


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Solomon Odunayo
Solomon has a growing passion for writing, this propelled him to keenly work on Eagles News Media for about two years before delving into the cryptocurrency and Blockchain industry he finds more interesting. He worked as a crypto Journalist and Editor at NewsLogical before joining Herald Sheets, owing to the priceless experience he has accumulated since he became a contributor in the crypto community.

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