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SEC: Ripple Poised to Pay Substantial Civil Penalty

By Christopher Smith
Apr 30, 2024
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In a recent filing with the U.S. District Court for the Southern District of New York, the U.S. Securities and Exchange Commission (SEC) detailed proposed fines and penalties against blockchain company Ripple. The SEC's recommendation includes a disgorgement amounting to $876,308,712, prejudgment interest of $198,150,940, and civil penalties totaling $876,308,712, totaling nearly $1.95 billion. This enforcement action stems from Ripple's alleged violation of securities laws, as the company continued selling XRP despite receiving legal warnings.

The SEC contends that Ripple's persistent sale of XRP demonstrates a disregard for regulatory compliance and constitutes a clear violation of securities laws. The regulator emphasizes the need for significant penalties to deter similar misconduct in the future. According to the SEC, imposing substantial civil penalties is necessary to ensure that violating securities laws does not become merely a cost of doing business for companies like Ripple.

Ripple's chief legal officer, Stuart Alderoty, confirmed in a March 25 statement that the SEC's proposed fines and penalties amount to approximately $2 billion. Alderoty criticized the SEC's intentions, accusing the regulator of seeking to "punish and intimidate" Ripple. Despite the proposed sanctions, Ripple intends to respond to the SEC's recommendations in April, asserting its stance in the ongoing legal battle.

The proposed SEC order emphasizes the importance of imposing significant sanctions to compel Ripple to correct its behavior. The regulator argues that returning Ripple's unjust gains resulting from its alleged breach of securities laws is essential to ensure accountability and deter future violations. The lawsuit against Ripple, CEO Brad Garlinghouse, and co-founder Chris Larsen was filed by the SEC in December 2020, alleging that the company raised $1.3 billion through the sale of unregistered securities tokens.

The legal dispute gained attention in July 2023 when Judge Analisa Torres ruled that XRP was not programmatically sold as a security by a digital asset exchange, sparking debate and speculation within the cryptocurrency community.

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