- Ripple pushes for a cleaner legal record, aiming to remove penalties that could impact future business plans, including an IPO.
- The SEC’s shifting stance on crypto enforcement strengthens Ripple’s argument against severe penalties for alleged past violations.
- A favorable settlement for Ripple could reshape SEC crypto regulations and boost market confidence in XRP and similar assets.
According to Fox Business reporter Eleanor Terett, the legal battle between Ripple and the U.S. Securities and Exchange Commission (SEC) appears to be nearing its conclusion. The negotiations are said to be underway, with Ripple’s attorneys pushing for improved terms of settlement.
The key concern stems from the August district court ruling, which imposed a $125 million fine and a permanent injunction against institutional XRP sales. Ripple does not want to accept this choice as it would be equal to admitting guilt.
Ripple’s Strong Negotiating Position
As per Eleanor, Ripple’s legal team is leveraging the SEC’s stance on crypto enforcement. The SEC is shifting toward regulatory clarity instead of punitive action. Hence, Ripple argues that it should not be penalized for alleged violations when the agency itself questions whether wrongdoing occurred. If the SEC is offering other crypto firms a clean slate, Ripple sees no reason to accept a harsh penalty.
Besides, Ripple is negotiating to remove the permanent injunction and any associated “bad boy” provisions. These restrictions could impact Ripple’s future business plans, including a potential initial public offering (IPO). Consequently, securing a cleaner legal record is a priority. This explains why the case is taking longer to resolve compared to other enforcement actions.
The SEC’s Perspective and Possible Outcomes
The SEC might be willing to settle quickly, but Ripple’s hardline approach is delaying finalization. Legal analyst MetaLawMan speculated that the SEC would accept a deal where both parties drop their appeals and Ripple pays the fine. However, Ripple wants to go further by possibly vacating Judge Torres’ decision on securities violations.
Also, if Ripple prevails through these negotiations, the case will set a precedent for other crypto firms under regulatory pressure. Such a development would be a radical shift in the SEC’s enforcement approach in crypto. It would also raise market confidence in XRP and other digital currencies similar to it.
However, if talks break down, litigation could extend further, creating uncertainty for investors. Besides, Ripple’s legal strategy carries risks, as the SEC might refuse to soften its stance entirely.
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