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Ripple vs SEC Final Judgement: Analysis of SEC Redacted Remedies Reply Brief

May 8, 2024

The Securities and Exchange Commission (SEC) has filed a redacted remedies reply brief, supported by exhibits, in the ongoing legal battle against Ripple. This move sets the stage for a potentially significant ruling that could impact Ripple and other cryptocurrency entities.

The SEC's argument revolves around the risk of Ripple's past actions repeating in the future. The SEC points to Ripple's history of unregistered sales of its XRP token dating back to 2013, including Over-the-Counter (OTC) Institutional Sales. Despite no new violations reported after 2020, the SEC insists on the necessity of an injunction to prevent future infractions due to the nature of Ripple's business.

Ripple's defense includes claims of uncertainty regarding XRP's legal status and voluntary cooperation with the SEC since 2013. However, the SEC rejects these arguments, stating that Ripple's past behavior and disregard for regulatory compliance require injunctive relief. The SEC also challenges Ripple's assertions of making sufficient changes to avoid future violations, arguing that these changes are inadequate and based on a misinterpretation of legal guidelines.

The financial aspect of the dispute is also contentious, with the SEC disputing Ripple's objections to disgorgement of ill-gotten gains. Additionally, Ripple's failure to disclose financial terms is said to have harmed institutional investors who may have paid more if fully informed about pricing strategies and discounts.

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