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Ripple's ongoing SEC lawsuit influenced by recent court ruling

EditorHari Govind
Published 04/11/2023, 09:12
© Reuters.
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Ripple, a leading cryptocurrency platform, is marking a significant legal victory against the U.S. Securities and Exchange Commission (SEC) in light of the Second Circuit’s ruling in the SEC vs. Govil case. This verdict questions the SEC's power to impose substantial disgorgement without solid proof of investor financial losses. The principle of "no harm, no foul" has become central to Ripple's continuing legal battle with the SEC.

Legal analyst Jeremy Hogan has suggested that Ripple's liability hinges on whether XRP investors have truly experienced monetary losses. If an investor bought XRP at a price lower than its current market value, Ripple could avoid responsibility for any financial damages. This scenario places the SEC in a challenging position, potentially leading to a more favorable settlement for Ripple.

The SEC's proposed $770 million penalty for institutional sales is under scrutiny if investors haven't been significantly impacted. Lawyer John Deaton has compared this situation to a previous case where the SEC’s initial demand of $23 million was reduced to $130,000, implying that Ripple may be able to successfully negotiate down the fine.

Stuart Alderoty, Ripple's Chief Legal Officer, emphasized the importance of this ruling. Pro-XRP lawyer Bill Morgan argued on the X platform that the equitable remedy sought by the SEC should be compensatory rather than punitive. The Second Circuit’s ruling, institutional sales, and the reactions of the XRP community are all crucial elements of this evolving story.

The 2nd Circuit court's ruling in the SEC v. Govil case has been welcomed by Ripple's chief lawyer, Stuart Alderoty. The verdict states that the SEC must verify investor losses before demanding disgorgement awards. According to legal analyst Jeremy Hogan, Ripple's liability depends on proven monetary losses by XRP investors. If XRP was purchased at a cost below its current market value, Ripple might avoid damages. The lack of financial losses among the majority of XRP holders could potentially corner the SEC, leading to a favorable settlement for Ripple. Speculations regarding a $770 million fine for institutional sales as Ripple's penalty amount have surfaced. However, levying such a hefty fine could be difficult if investors haven't suffered adverse impacts.

This article was generated with the support of AI and reviewed by an editor. For more information see our T&C.

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