In the latest development of the high-stakes legal battle between the Securities and Exchange Commission (SEC) and Ripple Labs, the SEC has boldly responded to Ripple’s recent legal filing. On July 3, 2024, the SEC submitted a new document to the United States District Court for the Southern District of New York, aimed at countering the company’s reliance on a recent ruling from the case against Binance Holdings, Ltd. to argue against harsh penalties in its ongoing case.
SEC Counters Ripple
The SEC’s filing, authored by Jorge Tenreiro, sharply criticizes Ripple’s interpretation and application of the Binance ruling. Tenreiro points out that the firm’s citation of the Binance decision is misguided and irrelevant to the issue at hand, stating: “This ‘authority’ is a ruling on a motion to dismiss in SEC v. Binance Holdings, Ltd., that is wholly irrelevant to the pending motion on remedies.”
Tenreiro further emphasizes the disconnect in the firm’s argument by noting that it “highlights one observation in the nearly 90 pages of the Binance ruling, and tries to extrapolate from that general observation about the efficiency of the SEC’s litigation strategy […] the notion that Ripple did not act with ‘reckless disregard for the law’ such that ‘harsh remedies’ are not warranted.” He critiques this approach by affirming that “this plainly does not follow.”
The SEC’s filing also accuses the firm of omitting crucial elements of the Binance ruling that undermine their argument. Specifically, the Binance court’s rejection of the fair notice defense parallels the Ripple case. The SEC quotes the Binance ruling, noting, “It was ‘notable’ that the defendants were alleged to have actual notice that the SEC could pursue them,” which aligns closely with the SEC’s argument that the company had received ample warning through legal advisories regarding the sale of XRP.
Moreover, the SEC recalls previous court findings that have consistently held that Ripple was indeed aware of the potential securities implications of their actions. The agency further noted in its response that, like in Ripple’s case, the Binance court confirmed that the crypto industry had been adequately notified of the regulatory framework through the SEC’s DAO Notice of July 2017.
This directly challenges the fintech’s stance on the lack of regulatory clarity, emphasizing that the SEC had clearly signaled its regulatory intentions, which should not have been unexpected to Ripple.This point is crucial for the SEC’s argument for stricter penalties of more than $2 billion, contrary to Ripple’s contention that the civil penalty should not exceed $10 million.
Notably, the ongoing case has broader implications for the crypto industry, particularly in how digital assets are regulated and the enforcement actions that can be expected from US regulators. The SEC’s recent filing underscores their target to establish oversight over the crypto industry.
At press time, XRP traded at $0.45729.
Featured image created with DALL·E, chart from TradingView.com
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