Release: 2023/11/04 21:17 Reading: 646
In a dramatic turn of events, Ripple, the popular cryptocurrency platform, and its dedicated community are celebrating a significant victory following a recent legal blow to the U.S. Securities and Exchange Commission (SEC). The Second Circuit’s ruling in SEC vs. Govil has created a wave of optimism within the Ripple community, shedding light on the SEC’s inability to demand substantial disgorgement without concrete evidence of investor financial losses.
Meanwhile, this pivotal moment, summarized as “no harm, no foul,” has profound implications for Ripple’s ongoing legal tussle with the SEC.
Legal analyst Jeremy Hogan's analysis highlights the crucial element that determines Ripple's liability: whether XRP investors have truly experienced financial losses.
In simpler terms, if an investor buys XRP at a price lower than its current market value, Ripple might avoid responsibility for any financial losses. This understanding puts the SEC in a difficult situation, which could possibly result in a more advantageous agreement for Ripple.
The discussion surrounding this legal saga has largely centered on the substantial penalty that the SEC is seeking from Ripple. However, commentator Yassin Mobarak has raised concerns about the SEC's ability to enforce the rumored $770 million penalty for institutional sales, especially if investors have not been significantly impacted.
In addition, lawyer John Deaton has also weighed in, pointing to a past case where the SEC’s initial request of $23 million was eventually reduced to a mere $130,000. Deaton anticipates a similar outcome in Ripple’s case, implying that the company may successfully negotiate the fine down.
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Stuart Alderoty, Ripple's Chief Legal Officer, emphasized the importance of the Second Circuit's ruling in SEC v. Govil. This ruling raises doubts about the SEC's power to require significant disgorgement without presenting substantial evidence of financial harm inflicted on investors. Referred to as the "no harm, no foul" principle, this concept could greatly influence Ripple's legal challenges with the SEC.
In the meantime, Bill Morgan, a lawyer supporting Pro-XRP, expressed his views on the X platform regarding the SEC vs. Govil case. According to Morgan, the case focuses on allegations of fraud, which is quite apparent. He believes that any fair solution sought by the SEC should be discretionary and aimed at compensating the victims, rather than benefiting the SEC or the government unexpectedly.
Currently, the important inquiry revolves around the available evidence, from experts or alternative sources, that can provide substantial proof of actual financial damage suffered by institutional investors in this particular instance.
Ripple's community, fueled by their recent legal victory, eagerly awaits a more positive resolution in their ongoing battle against the SEC.
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The post XRP Vs SEC News: SEC’s New Loss Aids Ripple In Institutional Sales Dispute appeared first on CoinGape.
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