XRP SEC Lawsuit Update: Is Ripple Prepared For Torres Decision in Remedies Phase?

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As an experienced financial analyst following the crypto market closely, I’ve been closely watching the developments in the Ripple vs SEC lawsuit and its potential impact on the broader crypto industry. The remedies phase of this high-stakes legal battle between Ripple Labs and the U.S. Securities and Exchange Commission (SEC) is currently underway, with both parties presenting their arguments regarding financial details and post-complaint XRP sales to institutional investors.

XRP SEC Case: In the ongoing legal battle between the U.S. Securities and Exchange Commission (SEC) and Ripple Labs, both parties have put forth their views during the remedies stage. The disagreements revolve around the sealing of certain financial data from Ripple, including their financial reports and XRP sales made to institutional investors after the filing of the complaint.

As an analyst, I’ve been closely following the XRP lawsuit and have observed that the plaintiff, defendant, and involved parties are currently in the remedies phase, which typically follows a judge’s decision on motions such as sealing. However, based on my analysis of the situation and insights from XRP lawsuit experts, it is my belief that Judge Torres’ final judgment in this matter could be rendered earlier than anticipated, potentially even in the third quarter of 2024.

Ripple Vs SEC Lawsuit And Crypto Bill

As an analyst, I can tell you that I recently witnessed a significant development in the U.S. crypto industry: The House of Representatives passed the Financial Innovation and Technology for the 21st Century Act (FIT21). This legislation signifies the initial move toward establishing a regulatory framework for digital asset trading and issuance in America.

As a researcher studying the potential implications of the proposed crypto bill, I can say that if this legislation is enacted, it will likely influence ongoing legal proceedings against prominent cryptocurrency exchanges such as Coinbase and Binance. Furthermore, the design of the crypto bill seems to have been informed by the July 2023 summary judgment in the XRP lawsuit, which was affirmed by congresspeople. Consequently, any developments or outcomes related to this lawsuit may bear significant ramifications for the broader crypto sector under the proposed legislation.

It’s intriguing that a particular segment in the crypto bill shares resemblance with Judge Torres’ decision regarding XRP. The bill on cryptocurrencies exempts tokens sold under an investment contract from being classified as securities. In simpler terms, “A digital asset transacted through an investment contract is not transformed into a security by such transaction.”

Lawyer Bill Morgan responded to rumors that XRP might not be considered decentralized by stating, “The law does not apply retroactively.” The court has previously ruled that XRP is not classified as a security on its own. Moreover, the SEC has indicated they will not contest this judgment. Therefore, Morgan concluded, “The law will not alter this determination.”

Ripple Ready for Judge Torres’ Judgment

According to CoinGape’s report, the US Securities and Exchange Commission (SEC) objected to Ripple’s request to keep certain evidence hidden from the public in the ongoing legal proceedings. The SEC argued that withholding this information could impede the court’s ability to make informed decisions during the remedial phase. The contested details encompass Ripple’s present assets (relevant to penalty assessment), recent sales figures (affecting injunctive relief and penalties), revenues and expenses (impacting disgorgement), and the magnitude of discounts granted to certain institutional investors (revealing investor harm).

As an analyst, I’d rephrase it this way: The Securals and Exchange Commission (SEC) is pursuing a total of $2 billion in fines and seeking final judgment against Ripple, while Ripple contends that the company’s liability for civil penalties does not exceed $10 million. It’s important to note that courts have historically not granted the full amount initially requested by a party, meaning the actual penalty would likely be significantly less.

As a crypto investor, I acknowledge that Ripple’s current sales agreements for its On-Demand Liquidity (ODL) service presume the possibility of a permanent injunction being granted against them. To prepare for any eventuality, an alternative arrangement not utilizing XRP in US ODL transactions could potentially bypass the potential impact of the FinCEN’s proposed Fine, Institutions for Monetary Transactions Act (FIT21) if it comes into effect.
— bill morgan (@Belisarius2020) May 23, 2024

As a researcher studying the ongoing legal battle between Ripple and the Securities and Exchange Commission (SEC), I can share Bill Morgan’s perspective on the situation. According to him, the SEC is expected to lose their motion to seal the documents related to the case. However, despite acknowledging that none of the sales made to institutions with discounts were actually Open Market Distribution (ODL) contracts, the regulatory body continues to pursue a permanent injunction to prohibit further ODL sales.

A judge may issue a perpetual ban based on present circumstances, as US Open Market Transactions do not involve XRP, potentially circumventing the impact of the proposed FIT21 law.

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2024-05-25 23:44