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Haider Jamal

Jun 17, 2024

Ripple Stuck Between A Rock And A Hard Place Thanks To SEC

Ripple (XRP) faces a pivotal decision following a significant development in its legal dispute with the SEC. The United States Securities and Exchange Commission (SEC) has adjusted its settlement demand dramatically, lowering it to $102.6 million. This leaves Ripple with a difficult choice, either accept the settlement, which comes with ongoing uncertainty about XRP, or gamble on a potentially harsher outcome in court.

 

A Difficult Decision

The initial request of $2 billion by the SEC drew widespread surprise and criticism within the cryptocurrency community. In response, Ripple proposed a $10 million settlement, citing precedent where SEC settlements typically ranged between 0.6% to 1.8% regarding the revenue of the defendant.

Ripple also pointed to a recent case involving Terraform Labs, which settled for $4.4 billion after halting operations due to bankruptcy. The SEC dismissed this comparison, emphasizing the differences in circumstances between the closure of Terraform and the still ongoing operations of Ripple.

According to the SEC, the $102.6 million settlement is essential to deter future misconduct in the crypto sector, considering the operational status of Ripple alongside its reluctance to agree to regulatory relief measures. While accepting the settlement could provide financial relief and demonstrate cooperation with regulators, it would not clarify the status of XRP as a security, potentially dissuading institutional investors and impacting market performance.

 

On The Other Hand

Rejecting the settlement could lead to a protracted and costly court battle with unpredictable consequences. A judge might impose a more severe penalty than the current offer, posing substantial risks to Ripple and the broader cryptocurrency market.

The revised settlement proposal indicates a willingness to negotiate. The final settlement amount, whether it remains at $102 million or is further adjusted through negotiation, could establish a critical precedent for future SEC actions in the crypto industry. This case holds significant implications for regulatory interactions and how other cryptocurrency firms manage security offerings.

A definitive resolution would bring stability and promote collaboration between the crypto industry and regulators. Conversely, a prolonged legal battle or an adverse ruling for Ripple could escalate uncertainty and lead to stricter regulatory measures going forward.

 

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