Ripple (XRP) Braces for Crucial SEC Lawsuit Decision: Torres’ Remedies Phase Looms

• The ongoing legal battle between Ripple Labs and the U.S. Securities and Exchange Commission (SEC) continues to capture the attention of the crypto community.
• Recent developments suggest that the final judgment in the remedies phase by Judge Torres is expected in Q3 2024.
• Experts believe that the Financial Innovation and Technology for the 21st Century Act (FIT21) could significantly impact the outcome of the Ripple lawsuit.

Stay updated on the latest developments in the Ripple vs. SEC lawsuit and how new regulatory frameworks could shape the future of XRP and the broader crypto market.

Ripple Vs SEC Lawsuit and the Impact of the Crypto Bill

The U.S. House of Representatives recently voted on the Financial Innovation and Technology for the 21st Century Act (FIT21), marking a significant step towards establishing a regulatory framework for digital assets. This bill aims to provide clarity on the crypto market structure and delineate the jurisdictions of the Commodity Futures Trading Commission (CFTC) and the SEC in regulating the crypto industry in the United States.

If enacted, the crypto bill will affect ongoing lawsuits involving major crypto exchanges like Coinbase and Binance. Notably, the bill could also influence the XRP lawsuit, as lawmakers have acknowledged that Judge Torres’ summary judgment in July 2023 played a crucial role in shaping the bill’s provisions.

Interestingly, a section of the crypto bill echoes Judge Torres’ ruling that XRP itself is not a security. The bill states, “A digital asset sold or transferred or intended to be sold or transferred pursuant to an investment contract is not and does not become a security as a result of being sold or otherwise transferred pursuant to that investment contract.”

Ripple’s Position and Legal Strategies

In response to concerns that XRP might not be considered decentralized, attorney Bill Morgan clarified, “The legislation is not retrospective.” The court has already determined that XRP itself is not a security, and the SEC has indicated that it will not challenge this judgment. “The legislation will not change that,” Morgan added.

As the SEC seeks $2 billion in total fines and a final judgment, Ripple maintains that it should only be liable for civil penalties not exceeding $10 million. Historically, courts have seldom accepted the initial amounts requested by either party, suggesting that the final penalty could be significantly lower.

Ripple Ready for Judge Torres’ Judgment

As reported by CoinOtag, the SEC has opposed Ripple’s motion to seal certain pieces of evidence from the public. The SEC argues that Ripple’s redaction requests would obscure critical information necessary for understanding the court’s decisions in the remedies phase and the public’s comprehension of the penalties involved. The details in question include Ripple’s current assets, recent sales, revenues and expenses, and the size of discounts offered to some institutional investors.

Bill Morgan believes that Ripple will largely lose the motion to seal. He further noted that the SEC clarified that none of the sales to institutions with discounts were On-Demand Liquidity (ODL) contracts, yet the agency still seeks a permanent injunction to halt ODL sales.

Conclusion

The Ripple vs. SEC lawsuit remains a pivotal case in the crypto industry, with significant implications for regulatory frameworks and market dynamics. As we await Judge Torres’ final judgment, expected in Q3 2024, the potential impact of the FIT21 crypto bill adds another layer of complexity to the case. Regardless of the outcome, this lawsuit will likely set important precedents for the future of digital asset regulation in the United States.