Victory for Ripple, XRP Soars

On Wednesday, a federal court ordered Ripple to pay $125 million in civil penalties and issued an injunction to prevent future violations of securities laws. The ruling was handed down by District Judge Analisa Torres of the Southern District of New York, who determined that 1,278 institutional sales by Ripple breached securities regulations, resulting in a $125.035 million penalty. This amount is significantly less than the $1.9 billion total in disgorgement, prejudgment interest, and civil penalties initially sought by the SEC.

The decision follows Judge Torres’ July 2023 verdict that Ripple’s direct sales of XRP to institutional clients violated federal securities laws, although she found no violations in Ripple’s programmatic sales to retail clients via exchanges.

The decision ends the SEC’s case against Ripple, however, it is expected that the agency will appeal.

Despite the SEC’s unsuccessful attempt to appeal this aspect of the case, the injunction against future violations indicates a judicial caution towards Ripple’s potential to “cross the line” with its “on-demand liquidity” offerings.

Judge Torres emphasized the possibility of future violations justifying the injunction, stating a “reasonable probability” that Ripple might again breach securities laws. Additionally, Ripple is required to file a registration statement for any future securities sales.

This development follows the SEC’s failed motion for an interlocutory appeal last year and a settlement with Ripple executives, including CEO Brad Garlinghouse, on related charges.

Garlinghouse commented on X following the ruling, “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 headwinds against the whole of the XRP community are gone.”

HUGE win for Ripple

Crypto lawyer and attorney Fred Rispoli, wrote on X, “Overall, HUGE win for Ripple. Although I’m surprised at the $125M hit, Ripple more than made that just on the price move in $XRP in the last 5 minutes. Here are the major takeaways from the ruling:

1. Current sales of XRP post-Complaint do not necessarily violate federal law. That battle is for another day (meaning a new lawsuit).
2. I called that the judge would essentially grant an injunction that Ripple could not violate federal law. That’s where we leave it.
3. SEC lost bigly where the Court refused to grant a “categorical” injunction on all Institutional Sales, especially on ODL.
4. No disgorgement. Huge loss for SEC here.
5. Ripple did not recklessly disregard regulatory requirements.
6. Post-July 13 conduct by Ripple re: Institutional Sales did not rise to level of blame-shifting.
7. I called Netburn expert rule was never going to be decided in a way favorable to Ripple.
8. Today starts the 60-day countdown to the deadline to file an appeal.”

James Seyffart, Bloomberg analyst, wrote on x that, “I’m sure the SEC will refer to this as a win for getting a $125 million penalty. But that’s really a win for Ripple as far as I’m concerned. And an L for the SEC’s “regulation via enforcement” stance.”

Following the judgement, XRP’s price saw an immediate jump of 20%.

Source: BNC XRP Liquid Index (XRPLX)

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