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Ripple vs SEC Lawsuit Not Fully Settled Yet, Say Legal Experts

Published by
Nidhi Kolhapur and Anjali Belgaumkar

Ripple CEO Brad Garlinghouse recently dropped a major update. Ripple is officially pulling back its cross appeal, and the SEC is expected to do the same. After years of courtroom drama, this could mark the end of one of crypto’s most high-profile battles.

Recently, Judge Torres rejected a joint request from the SEC and Ripple to approve a proposed settlement. The deal aimed to cut Ripple’s civil penalty to $50 million and lift the permanent injunction. 

One of the X users noted that it’s not over until the SEC formally confirms. Bill Morgan shared that a vote from SEC commissioners is still needed, but it’s now just a matter of when, not if. 

SEC Vote Still Needed, But Outcome Is Certain

Former SEC official Marc Fagel explains the SEC still needs to formally vote to drop its appeal. The SEC’s previous vote only approved the proposed agreement, not a full case dismissal. Since the settlement was conditional and the court didn’t approve it, the SEC now needs to hold a separate vote to officially drop the appeal. 

Injunction Remains

Marc Fagel confirms that while the Ripple-SEC litigation is effectively over, the injunction against Ripple remains in place. When asked about Ripple’s institutional strategy, he warns distributing XRP through other companies could still violate securities laws, though he noted the current SEC’s lax enforcement makes outcomes unpredictable.

Attorney Fred Rispoli weighed in on Ripple’s surprise announcement and noted that the timing was not accidental. Ripple’s decision to drop its cross appeal came just a day after Judge Torres’ final judgment, which shows that the outcome was likely planned in advance.

According to Rispoli, Ripple and the SEC had already discussed the terms behind closed doors, setting the stage to quietly bring this long battle to a close. 

2023 Ruling Stands: XRP Not a Security in Retail Sales

XRP price jumped to $2.15 following the announcement. The case will fully close once the SEC also drops its appeal, which is expected in the coming weeks. The key 2023 ruling still stands, confirming that XRP sales on exchanges are not securities, offering continued clarity for retail traders.

FAQs

Is Ripple going to settle with the SEC?

While Ripple’s CEO expressed intent to end the case by pulling back their cross-appeal, a proposed $50 million settlement was recently rejected by Judge Torres. The SEC still needs a formal vote to drop their appeal for a full resolution.

Has Ripple won a major case against the SEC?

Yes, Ripple achieved a significant partial victory in July 2023. Judge Torres ruled that programmatic sales of XRP on exchanges are not securities, clarifying XRP’s non-security status in retail contexts.

What happens if XRP becomes a security?

If XRP were fully classified as a security, it would face much stricter regulatory oversight from the SEC, potentially limiting its liquidity on exchanges, hindering its use for cross-border payments, and making it subject to more stringent reporting requirements.

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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