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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.
Ripple’s Liability In The Balance
Legal analyst Jeremy Hogan’s analysis underscores the critical factor determining Ripple’s liability. It hinges on whether XRP investors have genuinely suffered monetary losses.
In other words, if an investor purchases XRP at a lower price than its current market value, Ripple may escape accountability for any financial damages. This interpretation puts the SEC in a precarious position, potentially leading to a more favorable settlement for Ripple.
Meanwhile, much of the discussion surrounding this legal saga has focused on the hefty penalty the SEC has sought from Ripple. Commentator Yassin Mobarak has expressed doubts about the SEC’s ability to enforce the rumored $770 million penalty for institutional sales if investors haven’t been significantly affected.
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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XRP Community Reacts
Stuart Alderoty, Chief Legal Officer at Ripple, highlighted the significance of the Second Circuit’s decision in SEC v. Govil, which has questioned the SEC’s authority to demand a substantial disgorgement without providing substantial evidence of financial harm suffered by investors. This concept, succinctly captured as “no harm, no foul,” could have a substantial impact on Ripple’s legal woes with the SEC.
Meanwhile, Pro-XRP lawyer, Bill Morgan commented on the X platform that the SEC vs. Govil case revolved around allegations of fraud, and this fact is evident. The equitable remedy sought by the SEC should be discretionary and aimed at compensating the victims, rather than providing an unexpected windfall to the SEC or the government.
Meanwhile, the crucial question now is what evidence exists, whether from experts or other sources, that can substantiate real financial harm incurred by institutional investors in this case.
Notably, Ripple’s community, buoyed by this legal victory, eagerly anticipates a more favorable outcome in their ongoing struggle with the SEC.
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