Ripple Fights Back: Rejects SEC’s Reduced Penalty, Challenges Crypto Regulation

On July 2, 2024, Ripple Labs took a decisive step in its prolonged legal confrontation with the SEC by filing a crucial document in the courtroom of Judge Analisa Torres. This move marks another chapter in the ongoing legal saga that has extended over three and a half years, illustrating the complexities of digital asset regulation and its implications on the market.

Despite the SEC’s significant reduction in the penalty demand—from an initial $2 billion to $102 million—Ripple Labs chose to decline the offer. Instead, they submitted a Notice of Supplemental Authority, a strategic legal document to reinforce their position against the SEC’s call for remedies and final judgment. Defense Attorney James Filan, representing Ripple, shared insights into the company’s legal strategy, leveraging a recent legal victory by cryptocurrency exchange Binance.

Ripple’s legal arguments focus on the inadequacies of the Howey test in addressing the complexities of digital assets like XRP. They argued for formal rulemaking to ensure clear and consistent regulatory guidance, critiquing the SEC’s reliance on disparate court rulings to regulate the digital asset space. This approach, Ripple contends, could lead to inconsistent outcomes that muddle the regulatory landscape for other market participants.

Anticipation is building around the SEC’s response, which might draw parallels from another recent judgment involving SEC vs. Terraform Labs. In this case, Judge Rakoff ruled that Terraform and its founder, Do Kwon, had breached U.S. securities laws by not registering digital assets TerraUSD and Luna. Judge Rakoff also referenced a previous ruling on the programmatic sales of XRP, hinting at possible judicial discrepancies identified by Judge Torres.

At press time, XRP is trading at $0.4743 with a market capitalization of $26.46 billion. The outcomes of Ripple’s case could significantly influence the cryptocurrency markets. A victory for Ripple might catalyze a bullish trend for XRP, reminiscent of the surge following their partial legal triumph last year. Conversely, a ruling favoring the SEC could dampen market sentiment, potentially leading to a broader downturn in the crypto sector.