Ripple requests an extended due date of April 16 for its brief in SEC case

Ripple has asked for an extension until April 16 to file its next brief in its high-profile battle with the U.S. Securities and Exchange Commission (SEC), according to a letter written on Jan. 23.

The request follows the SEC’s recent filing of its opening appeal brief, doubling down on its argument that certain XRP sales qualify as securities despite Ripple’s partial win last year.

The regulator claims the court got it wrong and insists that all digital asset sales, including XRP and excluding only Bitcoin, meet the criteria for securities under the Howey Test. Ripple’s legal team has been pushing back for years.

SEC doubles down while Ripple stands its ground

Pro-crypto attorney Jeremy Hogan commented on Ripple’s extension request, explaining that: “This is very standard. The SEC also had 90 days to draft its initial brief. The only question here is – will the brief need to be filed at all?”

He is referring, of course, to the fact that there has been a change in leadership at the agency. Anti-crypto Gary Gensler was replaced with pro-crypto Paul Atkins as the chairman of the SEC. But before he’s confirmed by the Senate, pro-crypto Mark Uyeda has been picked as the Acting chairman.

Ripple’s legal team is confident the SEC’s appeal won’t hold up. Chief Legal Officer Stuart Alderoty has said they believe that the case will be dropped soon under the new pro-crypto Trump administration.

Meanwhile, according to Hogan, the SEC has failed to prove that retail XRP buyers expected profits tied directly to Ripple’s efforts. Many of these buyers, he claimed, weren’t even aware of Ripple’s role in XRP when they made their purchases.

Adding another tension to the case, though, was Better Markets, a nonprofit organization supporting the SEC’s appeal. In its Jan. 22 amicus curiae brief, Better Markets argued that the court’s earlier decision misapplied the Howey Test and created a regulatory gap that puts retail investors at risk.

The nonprofit accused Ripple of using aggressive marketing tactics—brochures, market reports, and public outreach—to convince buyers that XRP’s value was tied to Ripple’s business success.

Better Markets also warned Trump that letting the ruling stand could weaken the SEC’s ability to regulate markets and protect everyday investors.

Ripple’s XRP holdings have gained $125 billion in value since Donald Trump’s re-election. CEO Brad Garlinghouse and Stuart met with Trump at Mar-a-Lago in December, starting rumors about Ripple’s political connections and the potential impact on its ongoing case with the SEC.

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