On Wednesday (yesterday), District Judge Analisa Torres of the Southern District of New York ordered Ripple to pay $125 million in civil penalties and imposed an injunction against future violations of securities laws. This decision follows a finding that Ripple’s 1,278 institutional sale transactions breached securities regulations.
Judge Reduces SEC Penalty
The fine of $125.035 million is significantly lower than the $1 billion in disgorgement and prejudgment interest and the $900 million in civil penalties sought by the SEC.
This decision follows Judge Torres' July 2023 ruling, which determined that Ripple's direct sales of XRP to institutional clients violated federal securities laws. However, she found that Ripple’s programmatic sales of XRP to retail clients through exchanges did not constitute a violation.
IT'S OVER! The SEC v Ripple case has been quite a journey – thanks for sharing it with me.
$125 Million penalty and a GENERIC injunction Order.
This is a BIG win for Ripple, no doubt about it. Have a Wonderful Day! https://t.co/hCZZYsMl7E pic.twitter.com/7uuuwsx0Dw— Jeremy Hogan (@attorneyjeremy1) August 7, 2024
SEC Likely to Appeal
The SEC had attempted to appeal the ruling concerning retail sales while the case was ongoing but was unsuccessful. On Wednesday, Judge Torres also issued an injunction prohibiting Ripple from future violations of securities laws.
The judge noted that while Ripple has not been found to have violated laws since the SEC filed the lawsuit, there is a concern that Ripple might "cross the line" with its "on demand liquidity" offerings.
The injunction mandates that Ripple must file a registration statement if it intends to sell any securities. The SEC is expected to appeal the July 2023 ruling now that the judge has imposed penalties, after previously being denied an interlocutory appeal. Following the judgment, XRP’s price increased by 3 cents, or approximately 2%.