XRP Lawsuit: Former SEC Lawyers Assert Remedies Phase Favors SEC, Despite Chevron Ruling

• The ongoing XRP lawsuit has captivated the crypto community, especially concerning the SEC’s claims and potential outcomes.
• Recent statements from former SEC lawyers shed light on the agency’s position and possible ramifications.
• Key quotes and assessments from these legal experts provide intriguing insights into the case’s future trajectory.

Explore the complexities and potential outcomes of the XRP lawsuit as former SEC lawyers weigh in on recent developments. Understand how these insights could affect Ripple and the broader crypto market.

SEC’s Upper Hand in Remedies Phase

The XRP lawsuit has reached a critical juncture, with both Ripple and the U.S. Securities and Exchange Commission (SEC) preparing for the remedies phase. According to former SEC lawyers, this phase inherently favors the SEC. As Ripple continues to argue for leniency in penalties and injunctions, these legal experts emphasize that the SEC’s position remains robust, primarily due to the substantial amount involved in the case—$770 million in XRP sales to institutions that allegedly violated securities laws.

Impact of the Supreme Court’s Chevron Ruling

While the Supreme Court’s ruling on Chevron deference might seem crucial, former SEC attorney Marc Fagel clarifies its irrelevance to enforcement actions like those against Ripple. He explains that Chevron deference applies to the rulemaking process by government agencies, not to court rulings on enforcement issues. In the Ripple case, courts independently assess whether the law was broken, as evidenced by Judge Torres’ mixed summary judgment. This clarification demystifies any perceived impact of the Chevron ruling on the ongoing lawsuit.

Binance’s Legal Developments and Ripple’s Argument

The recent partial legal victory for Binance in its case against the SEC has significant implications for Ripple. Judge Jackson’s dismissal of SEC claims regarding Binance’s BNB secondary sales, referencing similarities with XRP’s status, sets a precedent. Attorney Jeremy Hogan suggests that this outcome supports Ripple’s stance against severe penalties. He believes that the regulatory inconsistency highlighted by Binance’s case could influence a lighter injunction and fine for Ripple.

Current Market Response and XRP Price Movement

The market’s reaction to these legal developments has been cautious. XRP experienced a 1% drop in the past 24 hours, with current trading prices hovering around $0.48. This decline in value, coupled with a 16% increase in trading volume, indicates a heightened interest and volatility among traders. Market participants seem to be closely monitoring the case, anticipating further implications for XRP’s legal status and market performance.

Conclusion

As the XRP lawsuit progresses, the upcoming remedies phase appears particularly critical. Former SEC lawyers offer valuable perspectives, suggesting that this phase may not bode well for Ripple despite their robust defense. The broader implications of the Supreme Court’s Chevron ruling appear negligible in this context, yet the legal precedents set by cases like Binance’s might offer some respite for Ripple. Investors and stakeholders in the crypto market should remain vigilant as the case unfolds, understanding that the outcomes here could set significant precedents for future regulatory actions.