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In December 2020, the SEC sued fintech company Ripple, alleging that the company violated the law by raising funds by selling XRP without first registering it as a security. The case has been keenly watched due to its implications for the SEC’s regulatory authority over cryptocurrency.
July last year, U.S. District Judge Analisa Torres ruled that XRP is not, in and of itself, a security, a decision hailed as a significant victory for the industry. The SEC, led by Chairman Gary Gensler, has filed several major cases against cryptocurrency exchanges and issuers, alleging them to be offering unregistered securities.
On Aug. 7, 2024, Judge Torres issued a remedies order asking Ripple to pay $125 million for unregistered XRP sales to sophisticated third-party institutions. The figure is much lower than the SEC’s request of a staggering $2 billion in fines and penalties. There were no findings or charges of fraud or recklessness against Ripple, or any evidence that anyone suffered financial harm.
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Judge Torres imposed an injunction prohibiting Ripple from further violating securities laws. However, she refused the SEC’s request that Ripple disgorge gains from its sales. The regulator sought over $876 million in disgorgement, over $198 million in interest, and a $876 million civil penalty. Ripple claimed it should not have to pay more than $10 million.
Anticipated timeline
On Oct. 2, the SEC announced its intention to appeal the Court’s decision that certain prior XRP distributions by Ripple were securities. The SEC’s appeal does not address whether XRP is a security in and of itself.
The Court found in Ripple’s favor that XRP is not a security, and the SEC will not appeal that ruling.
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On Oct. 24, Ripple submitted its Form C, outlining the issues it intends to bring in its cross-appeal. Given that the parties are challenging the Court’s judgment, Ripple placed the $125 million set aside for remedies in an escrow account.
On Oct. 31, the Second Circuit Court of Appeals issued an Order requiring the SEC’s brief to be filed on or before Jan. 15, 2025.
Given this, the appeal and cross-appeal briefing could occur in the first half of 2025, followed by an argument before the appellate court, most likely in the fall of 2025, and a final decision from the court. Ripple mentioned this in its most recent Q3, 2024 XRP Markets Report.
