Ripple vs SEC: Impending Settlement and Appeals Signal Turning Point in XRP Lawsuit

• The SEC challenges Ripple’s defense, arguing for injunctions to prevent future violations.

• Ripple asserts changes in behavior post-lawsuit and plans to restructure XRP sales.

Significant developments have surfaced in the remedies stage in the ongoing legal battle between Ripple Labs and the United States Securities and Exchange Commission (SEC) regarding the cryptocurrency XRP. The SEC has filed its final reply, challenging Ripple’s defense and highlighting key points of contention.

Ripple’s Defense Dismissed by SEC

The SEC’s remedies brief rebuffs Ripple’s claims that it has not acted recklessly and that there should not be widespread uncertainty regarding the legal status of its digital asset, XRP. Ripple asserted a “fair notice” defense, which the court dismissed. Despite Ripple’s cooperation with the SEC since its initial coin offering (ICO) in 2013, the SEC maintains that even if Ripple refrained from violations since 2020, future violations remain possible. 

While Ripple asserts changes in behavior post-lawsuit and plans to restructure XRP sales, the SEC argues that Ripple’s assurances do not justify avoiding injunctions. The SEC dismisses Ripple’s claims of conducting sales outside the U.S. and to accredited investors, stating these defenses were abandoned during summary judgment.

SEC’s Stance on Injunctive Relief

The SEC clarifies that the availability of injunctive relief is not affected by a defendant’s disclaimer of intent to violate the law in the future or by ceasing illegal actions. This position is grounded in the type of violations committed, suggesting that the potential for further violations persists regardless of assurances or changes made by Ripple. The SEC views Ripple’s purported changes skeptically, deeming them insufficient to mitigate future violations.

Response from Ripple’s Chief Legal Officer

In response to the SEC’s reply in the remedies brief, Ripple’s chief legal officer, Stuart Alderoty, criticized the SEC for his inconsistent application of the law. Alderoty expressed optimism about resolving the lawsuit and highlighted the potential impact on the SEC’s reputation, particularly among international financial regulators. Despite the ongoing legal proceedings, Ripple plans to introduce XRPL enterprise solutions to the Japanese market through a strategic partnership with Tokyo-based consulting firm HashKey DX.

And just when you think the SEC can’t sink any lower, if you are a financial regulator outside the U.S. and have done the hard work of establishing comprehensive crypto licensing frameworks, know that the SEC has no respect for you and thinks you are handing out the equivalent of… pic.twitter.com/7qZQIkyrH4

— Stuart Alderoty (@s_alderoty) May 7, 2024

Pro-XRP lawyer Bill Morgan scrutinizes key issues such as financial harm and the potential for a permanent injunction. He doubts the likelihood of disgorgement but anticipates an appeal. Meanwhile, legal expert Jeremy Hogan suggests that the SEC’s arguments lack substance, particularly in addressing Ripple’s On-Demand Liquidity (ODL) sales.

According to a prior report by Crypto News Flash, the Ripple case progresses to its next phase on May 13, with parties filing omnibus letter motions to seal materials related to the remedies-related briefs. Subsequently, on May 20, parties will submit letter briefs opposing the sealing motions. All parties must unveil public, redacted versions of documents within 14 days of the court’s rulings on the sealing motions.

Market Impact and XRP Price Analysis

Market analysts highlight the immediate resistance level for XRP at $0.5574, with traders also eyeing potential support levels around $0.50. These price fluctuations underscore the close relationship between legal proceedings and market sentiment, emphasizing the importance of regulatory clarity for crypto investors and stakeholders.