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  • Judge Torres Reduces Ripple Fine by 93.75%: $125M Boosts XRP’s Victory
  • News

Judge Torres Reduces Ripple Fine by 93.75%: $125M Boosts XRP’s Victory

Simon Njenga 11 August 2024
US law courts withRipples XRP in the backgroud
  • Judge Torres reduced SEC sought a hefty $2 billion by 93.75%, lowering the penalty to $125 million.
  • Ripple has adjusted its XRP sales strategy to comply with the court’s ruling while potential appeals loom.

The ongoing legal battle between Ripple Labs and the U.S. Securities and Exchange Commission (SEC) has seen significant developments. Judge Analisa Torres of the Southern District of New York issued a ruling that both sides could interpret as a partial victory.

Initially, the SEC sought a hefty $2 billion penalty from Ripple Labs, but Judge Torres ultimately ordered the company to pay $125 million, marking a significant reduction in the penalties.

The SEC asked for $2B, and the Court reduced their demand by ~94% recognizing that they had overplayed their hand. We respect the Court’s decision and have clarity to continue growing our company.

This is a victory for Ripple, the industry and the rule of law. The SEC’s…

— Brad Garlinghouse (@bgarlinghouse) August 7, 2024

A Mixed Verdict

Judge Torres delivered a mixed verdict that has sparked debate and potential future appeals.

While Ripple was fined $125 million, a figure far below the SEC’s original demand, the court also imposed an injunction on Ripple Labs. This injunction restricts Ripple from selling XRP to institutional investors and from engaging in On-Demand Liquidity (ODL) sales without the necessary registration.

The ruling represents a nuanced outcome where Ripple has to navigate a tighter regulatory framework while simultaneously securing a financial victory by limiting the penalties.

Ripple’s Response and Strategic Adaptation

Ripple’s executives, including CEO Brad Garlinghouse and General Counsel Stuart Alderoty, publicly expressed their satisfaction with the court’s decision.

Garlinghouse emphasized that the SEC’s initial demand had been reduced by approximately 94%, signaling a considerable win for Ripple in financial terms. This reduction has allowed Ripple to adjust its strategies, particularly in how it conducts XRP sales.

Ripple has adapted its approach to ensure compliance with the court’s ruling, particularly arguing that XRP, when held briefly, does not create an expectation of profits—an important distinction in the broader context of securities law.

Potential Appeals and Future Legal Battles

Despite the seemingly favorable outcome for Ripple, legal experts have noted that the battle may not be over. Former SEC lawyer Marc Fagel highlighted that the SEC has a 60-day window to file an appeal.

This appeal could be initiated after Ripple settles its penalties, with the possibility that the SEC might delay its appeal until the fines have been paid. If the SEC does appeal, the funds from the penalties could be held in escrow until the appeal process is complete.

On Ripple’s side, attorney Fred Rispoli suggested that Ripple would only consider appealing the decision if the SEC initiates an appeal first. This indicates a strategic wait-and-see approach from Ripple, potentially looking to avoid prolonging the legal battle unless absolutely necessary.

Attorney Jeremy Hogan also pointed out that Ripple’s ODL sales, which are critical to its business model, could continue outside U.S. jurisdiction, as these are not covered by the current injunction. This could allow Ripple to maintain a significant portion of its business operations while complying with the court’s restrictions within the U.S.

The Ripple vs. SEC case continues to be a landmark legal battle with implications for the broader cryptocurrency industry.

While Ripple has managed to significantly reduce its financial liabilities, the ongoing restrictions and potential for future appeals mean that the case is far from concluded. Both Ripple and the SEC are likely to continue their legal maneuvers as they seek to protect their interests in this high-stakes case.

About the Author

Simon Njenga

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