SEC and Ripple Mighty Pursue Appeal after Landmark Ruling

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As a seasoned analyst with over two decades of experience in financial markets, I have witnessed my fair share of legal battles and appeals. The recent $125 million fine imposed on Ripple Labs Inc by Judge Analisa Torres seems to be no exception. In my humble opinion, given the partial victory for both parties and the substantial discrepancy between the proposed penalties, it is highly likely that both Ripple and the SEC will appeal this decision.

Within just 24 hours of Judge Analisa Torres imposing a $125 million fine on Ripple Labs Inc, a blockchain payment company, in its lawsuit with the U.S. Securities and Exchange Commission (SEC), discussions about a potential appeal have already emerged. It’s widely speculated that either the blockchain firm or the regulatory body could file an appeal.

Ripple Fined $125M in SEC Lawsuit, Next Steps?

On Wednesday, Judge Analisa Torres from the Southern District of New York ruled that Ripple must pay a $125 million civil penalty due to 1,278 institutional sales transactions by the company being found in violation of securities law. Furthermore, the judge ordered an injunction against Ripple, prohibiting them from violating securities laws in the future.

In a somewhat different phrasing:

In light of the $125 million penalty, legal experts Bill Morgan and James Murphy (MetaLawMan) believe that both parties may choose to appeal. Their prediction stems from the court’s final verdict, which granted partial victories to both the SEC and Ripple. However, it’s important to note that the permanent injunction represents a victory for the regulatory body.

So far, the Securities and Exchange Commission (SEC) hasn’t released any formal comment about the final verdict. A statement from the SEC would provide clarity on whether they intend to challenge the decision. Currently, a 60-day period for both the SEC and Ripple to appeal has begun. This timeframe started immediately after Judge Analisa Torres made her ruling on Wednesday.

It’s worth mentioning that the Commission now has another chance to reconsider a previous case which was initially dismissed by Judge Torres in 2023. Following his decision in July that XRP sales for automated retail transactions were not classified as securities, the SEC attempted to submit an immediate appeal. However, their request was turned down by the judge.

SEC May Overlook an Appeal Due to US Election 

As a long-time investor and observer of the financial markets, I have witnessed many twists and turns in the regulatory landscape. In this case, I believe that the lawsuit against Ripple could potentially swing in their favor, given the current political climate surrounding cryptocurrencies. The upcoming U.S. presidential election cycle has put a spotlight on the crypto sector, with both parties seeking to establish alliances and support within it. Donald Trump, a Republican candidate, has made it clear that he plans to replace SEC Chair Gary Gensler if elected, which could lead to a more favorable regulatory environment for companies like Ripple. While nothing is certain until the election results are officially announced, it’s an interesting development to keep an eye on for those invested in or interested in the crypto space.

By avoiding direct appeals to the judge’s decision, the Securities and Exchange Commission (SEC) may be employing a strategy aimed at garnering public support, particularly within the crypto community. As part of this approach, the SEC has recently withdrawn an argument in a case involving Binance.US. Notably, the SEC has chosen not to classify third-party tokens such as Solana, Polygon, and Cardano as securities.

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2024-08-08 17:42