• Dapps:16.23K
  • Blockchains:78
  • Active users:66.47M
  • 30d volume:$303.26B
  • 30d transactions:$879.24M

**Analysis of SEC's Damage Theory**

user avatar

by Giorgi Kostiuk

2 years ago


A recent video update shared by crypto expert James Murphy and Wolf of Wall Street Scott Melker delves into the complexities of the SEC's damages theory in the Ripple case. Melker highlights a fortunate turn of events for Ripple due to a decision by the Second Circuit Court of Appeals. This decision raises an important issue about a legal precedent requiring the SEC to show wrongdoing by identifying victims who have experienced real financial losses.

Melker emphasizes the SEC's losses theory, pointing out a significant problem: the inability to identify XRP buyers who have lost money. The SEC's case relies on the notion that some buyers purchased XRP at lower prices, which does not align with the concept of "pecuniary harm" without evidence of specific entities suffering financial losses.

The lack of clear victims who have incurred genuine financial harm weakens the SEC's case significantly. The principle of disgorgement, aimed at returning illicit profits to those affected, falters without identifiable victims. This casts doubt on the validity of the SEC's claimed $200 million interest, as it hinges on the existence of aggrieved buyers experiencing financial losses.

Questioning SEC's Penalty

Melker's research implies that Ripple may have caught a break in this legal battle, as the absence of evidence of actual harm makes it challenging for the court to justify the proposed $850 million penalty. This highlights the importance of demonstrating real financial harm in securities lawsuits and suggests that Ripple may have a stronger case than previously believed.

Implications for the Future

Moving forward, the SEC's demand for a hefty $2 billion penalty appears unjust to many. Ripple is pushing back against the charges, deeming them an intimidation tactic and an overreach. If the court rules in favor of the SEC and imposes the $2 billion fine on Ripple, the company may need to sell approximately 3.22 billion XRP coins at the current market price of $0.62 per coin to generate the necessary funds.

However, Ripple could potentially utilize its reported $1 billion cash reserves, as disclosed by CEO Brad Garlinghouse earlier this year, to cover the penalty. This could help mitigate the immediate impact on the market dynamics of XRP.

0

Rewards

chest
chest
chest
chest

More rewards

Discover enhanced rewards on our social media.

chest

Other news

Cango's Strategic Shift to AI Computing

chest

Cango is making a strategic pivot into AI computing while continuing its Bitcoin mining operations.

user avatarMaya Lundqvist

Micron MU Stock Declines Amid Samsung Competition

chest

Micron MU stock has declined due to increased competition from Samsung, which is starting large-scale HBM4 chip production this month.

user avatarLeo van der Veen

Solana Experiences Significant Outflows Amid Market Uncertainty

chest

Solana experiences significant outflows amid market uncertainty, with over 1 million SOL leaving centralized exchanges in a 72-hour period.

user avatarLi Weicheng

Solana Faces Critical Support and Resistance Levels

chest

Analysts highlight Solana's struggle between fragile support and overhead resistance, with critical levels identified. Currently, Solana is consolidating around the $83-$87 area, which is viewed as critical short-term support.

user avatarAisha Farooq

Robinhood Reports Fourth Quarter Revenue of $128 Billion

chest

Robinhood reported fourth quarter revenue of $128 billion, a 27% year-over-year increase, but net income fell 33% to $605 million, leading to a 6.5% drop in stock price.

user avatarTenzin Dorje

Robinhood Expands Prediction Markets Amid NFL Season

chest

Robinhood has expanded its prediction market offerings to allow customers to make parlay-like bets, capitalizing on the surge in gambling during the NFL postseason.

user avatarBayarjavkhlan Ganbaatar

Important disclaimer: The information presented on the Dapp.Expert portal is intended solely for informational purposes and does not constitute an investment recommendation or a guide to action in the field of cryptocurrencies. The Dapp.Expert team is not responsible for any potential losses or missed profits associated with the use of materials published on the site. Before making investment decisions in cryptocurrencies, we recommend consulting a qualified financial advisor.