Investor Sues Ripple Alleging 'XRP Is a Security'

An investor is suing Ripple Labs, claiming that XRP is a security pertaining to the startup.

AccessTimeIconMay 4, 2018 at 6:30 p.m. UTC
Updated Aug 18, 2021 at 9:00 p.m. UTC

Presented By Icon

Election 2024 coverage presented by

Stand with crypto

An investor who claims they lost money buying and selling the cryptocurrency XRP has filed a class action lawsuit against distributed ledger startup Ripple, alleging that the company violated state and federal securities laws.

Ryan Coffey, represented by San Diego attorney James Taylor-Copeland, filed the suit in the San Francisco County Superior Court on Thursday. Coffey is seeking damages "on behalf of all investors who purchased Ripple tokens ("XRP") issued and sold by Defendants," naming Ripple, XRP II (the company's registered and licensed MSB), CEO Brad Garlinghouse, and 10 unnamed parties.

  • Bitcoin Mining in the U.S. Will Become 'a Lot More Decentralized': Core Scientific CEO
    13:18
    Bitcoin Mining in the U.S. Will Become 'a Lot More Decentralized': Core Scientific CEO
  • Binance to Discontinue Its Nigerian Naira Services After Government Scrutiny
    05:10
    Binance to Discontinue Its Nigerian Naira Services After Government Scrutiny
  • The first video of the year 2024
    04:07
    The first video of the year 2024
  • The last regression video of the year 3.67.0
    40:07
    The last regression video of the year 3.67.0
  • Ripple Labs and Garlinghouse have come under increased scrutiny in recent weeks over the degree of association they have with XRP, a cryptocurrency that surged to a market capitalization of over $140 billion in January, but has since fallen below $35 billion. Ryan Zagone, Ripple's director of regulatory relations, told a UK parliamentary committee Tuesday that "there's not a direct connection between Ripple the company and XRP."

    For some observers, though, the relationship between the company and the cryptocurrency is clear. Thursday's complaint argues:

    "The development of the XRP Ledger, and the profits that investors expected to derive therefrom, were, and are, based entirely on the technical, managerial, and entrepreneurial efforts of Defendants and other third parties employed by Defendants."

    U.S. federal law requires companies selling securities to register with the Securities and Exchange Commission (SEC). Whether a financial instrument qualifies as a security depends on the Howey test, a standard derived from a 1946 Supreme Court case.

    If an instrument involves an investment of money and carries a reasonable expectation of profits – an expectation that depends on the actions of a specifically identifiable group of people – then it is a security. Coffey's complaint argues that XRP checks off all of those boxes.

    Indeed, the lawsuit is one that could remain a case to watch given that the question of whether XRP is indeed a security is still hotly debated, as profiled by CoinDesk.

    When reached for comment, Tom Channick, Ripple's head of corporate communications, told CoinDesk via email:

    "We've seen the lawyer's tweet about a recently filed lawsuit but have not been served. Like any civil proceeding, we'll assess the merit or lack of merit to the allegations at the appropriate time. Whether or not XRP is a security is for the SEC to decide. We continue to believe XRP should not be classified as a security."

    Taylor-Copeland was not available to comment on the complaint before press time.

    Read the full complaint below:

    Disclosure

    Please note that our privacy policy, terms of use, cookies, and do not sell my personal information have been updated.

    CoinDesk is an award-winning media outlet that covers the cryptocurrency industry. Its journalists abide by a strict set of editorial policies. CoinDesk has adopted a set of principles aimed at ensuring the integrity, editorial independence and freedom from bias of its publications. CoinDesk is part of the Bullish group, which owns and invests in digital asset businesses and digital assets. CoinDesk employees, including journalists, may receive Bullish group equity-based compensation. Bullish was incubated by technology investor Block.one.


    Learn more about Consensus 2024, CoinDesk's longest-running and most influential event that brings together all sides of crypto, blockchain and Web3. Head to consensus.coindesk.com to register and buy your pass now.