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XRP’s ‘Legal Clarity’ Has a Catch – Banks Still Fear Torres’ Institutional-Sales Label

05.02.2026
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Six months after the SEC officially ended its crusade against Ripple, a paradox has gripped the desk: U.S. institutions are aggressively dumping direct XRP exposure while simultaneously lining up for the ETF launch.

At the time of writing, XRP was trading at $1.22, heavily discounted from its July 2025 peak of $3.65.

xrp logoXrp (XRP)24h7d30d1yAll time

Despite the “legal clarity” celebrated in August, institutional conviction appears fractured. While Bitwise and WisdomTree updated their S-1 filings in October—pushing approval odds to a near-certain 95%—institutional Futures Open Interest (OI) has collapsed 73% since the settlement.

The Evidence

The Settlement: The August 2025 Joint Stipulation finalized a $125 million penalty for historical institutional sales. Additionally, the SEC dropped its appeals, cementing the 2023 summary judgment that public sales are not securities.

The Divergence:

  • ETF Flows: Grayscale’s conversion filing for GXRP (Nov 2025), And Bitwise’s Amendment No. 4 indicates imminent approval.
  • Direct Flows: On-chain data flags a $405,000 net outflow from institutional wallets in the last 24 hours alone.

Reaction & Outlook

The Paul Atkins Factor: The new SEC Chair’s “Project Crypto” initiative has deprioritized enforcement, but banks remain paralyzed by the specific wording of Judge Torres’ ruling: direct sales to institutions are securities.

💥BREAKING:
SEC LAUNCHES PROJECT CRYPTO TO MOVE ALL MARKETS ONCHAIN. pic.twitter.com/BNRqB2M6hE

— Crypto Rover (@cryptorover) July 31, 2025

Next Step: The market is pricing in a spot ETF approval by Q2 2026. Until then, liquidity remains thin.

The Institutional Take

Don’t misread the futures collapse as bearishness; it is a compliance rotation. The Torres ruling created a toxic asset class for U.S. banks: holding XRP directly on a balance sheet still carries “institutional sales” stigma.

The ETF is the loophole. It wraps the “dirty” underlying asset in a “clean” securities structure (19b-4). Smart money is dumping the token to front-run the ETF, effectively swapping compliance risk for a 34bps management fee. Expect OI to remain dead until the ETF goes live.

The post XRP’s ‘Legal Clarity’ Has a Catch – Banks Still Fear Torres’ Institutional-Sales Label appeared first on Cryptonews.

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Disclaimer: Information found on CryptoMediaClub is those of writers quoted. It does not represent the opinions of CryptoMediaClub on whether to sell, buy or hold any investments. You are advised to conduct your own research before making any investment decisions. Use provided information at your own risk.
CryptoMediaClub covers fintech, blockchain and Bitcoin bringing you the latest crypto news and analyses on the future of money.

© 2023 Crypto News. All Rights Reserved

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