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Ripple CLO Declares Partial Victory As XRP Lawsuit Reaches Final Stage

Published by
Nidhi Kolhapur and Anjali Belgaumkar

On Thursday, Judge Analisa Torres rejected a joint request by Ripple and the SEC to approve a reduced $50 million fine and remove a permanent injunction. She criticized both sides for trying to reverse a final court ruling through a private settlement.

“The Ball Is Back in Our Court”

If the parties “genuinely wish to end the case”, they are now given two options by the court: Ripple and the SEC can either drop their appeals or move forward to appeal her injunction. To this, Ripple’s Chief Legal Officer, Stuart Alderoty, reacted by saying, “The ball is back in our court.”

He made it clear that no matter what they decide, XRP’s legal status remains unchanged, that it is not a security. 

Judge Expected Strong Arguments

John Deaton says that Judge Torres pushed back in a way the SEC didn’t expect. He explains that the SEC cited the wrong rule and failed to show any exceptional circumstances to justify changing her earlier decision. Judge Torres said that “the parties haven’t come close” to doing that.

According to Deaton, there is a high bar to meet, and the SEC didn’t clear it. After years of work on the case, the judge was not convinced by the SEC’s sudden request to reduce the fine by 60% and expected a much stronger argument.

Deaton also expected more solid arguments from both sides and admits he underestimated the chances of the judge denying the motion, giving it only a 30% likelihood.

He backed Judge Torres for following the law despite political changes. He said that protecting investors is important, especially in a crypto world full of scams like Celsius, Voyager, BlockFi, and FTX. 

Will Ripple and SEC Withdraw Their Appeals?

Attorney Fred Rispoli said Ripple and the SEC will likely drop their appeals and settle around $50 million, keeping Judge Torres’ ruling in place. He also added that the SEC may privately or publicly assure Ripple that it won’t face further restrictions, as long as it stays compliant. The court’s injunction will stay in place, but only matters if the SEC chooses to enforce it, which he sees as unlikely.

FAQs

What are the implications of Judge Torres’s rejection for Ripple’s legal status?

The rejection means Ripple remains subject to the permanent injunction restricting institutional XRP sales and the original $125 million penalty. However, XRP’s legal status as “not a security” for programmatic sales remains unchanged.

How might Ripple and SEC’s decision to drop or appeal affect XRP’s future regulation?

If they drop appeals, Judge Torres’ ruling (XRP is not a security in secondary markets) solidifies, offering clarity. If they appeal, the case prolongs, potentially leading to a higher court ruling that could either reinforce or alter XRP’s regulatory classification.

How could private assurances from the SEC influence Ripple’s compliance and XRP’s market?

Private assurances, as suggested by Fred Rispoli, could signal the SEC’s reduced intent to enforce the injunction, potentially boosting Ripple’s operational freedom and positively influencing XRP’s market sentiment, even if the injunction remains.

Nidhi Kolhapur and Anjali Belgaumkar

Nidhi is a Certified Digital Marketing Executive and Passionate crypto Journalist covering the world of alternative currencies. She shares the latest and trending news on Cryptocurrency and Blockchain.

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