In the ongoing legal battle between the SEC and Ripple, new insights surface, casting a fresh perspective on the matter. John Deaton, the renowned lawyer behind CryptoLawUS, sheds light on the intensifying scenario.
Deaton suggests that the SEC’s aggressive stance isn’t merely about classifying XRP as a security. The regulatory body, evidently embarrassed, now seemingly wants to make a statement by extracting a $770 million penalty from Ripple. However, Ripple isn’t backing down quickly. The company is fervently working on strategies to reduce this proposed penalty, aiming to exclude specific transactions and scrutinize expenses minutely.
Moreover, this phase of penalties is a complex process. It’s akin to reopening an entire case, laden with depositions, interrogatories, and extensive document requests. Deaton parallels a past SEC case against LBRY, where the latter decreased its fines considerably. This past precedent may indicate that Ripple has grounds to anticipate a similar outcome.
Additionally, a significant development is on the horizon. January 17, 2024, marks a vital date in this legal saga. On this day, the oral argument on a motion related to Coinbase will take place. If Coinbase emerges victorious, it might force the SEC to recalibrate its approach, potentially paving the way for a settlement with Ripple. Conversely, if Coinbase faces defeat, the optimism for a Ripple and SEC agreement could wane.
Deaton underscores the inconsistent narratives around XRP’s classification from various federal bodies. From discussions in 2013 to agreements in 2015, XRP’s official status remains in limbo. This ambiguity could potentially tilt the scales in Ripple’s favor.
Looking to the future, Deaton anticipates that Judge Torres might not issue a final verdict until late summer. In the interim, Ripple might be burdened with exorbitant legal fees that could escalate to tens of millions. Consequently, the financial implications for Ripple are profound.
