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The Breakdown

The Ripple-SEC Case is Finally Over

The Breakdown

Blockworks

Business, Investing

4.8806 Ratings

🗓️ 9 August 2024

⏱️ 13 minutes

🧾️ Download transcript

Summary

...and in the eyes of Ripple Labs and the crypto industry, it was a big win. NLW explains how it ended. Enjoying this content? SUBSCRIBE to the Podcast: https://pod.link/1438693620 Watch on YouTube: https://www.youtube.com/nathanielwhittemorecrypto Subscribe to the newsletter: https://breakdown.beehiiv.com/ Join the discussion: https://discord.gg/VrKRrfKCz8 Follow on Twitter: NLW: https://twitter.com/nlw Breakdown: https://twitter.com/BreakdownNLW

Transcript

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0:00.0

Welcome back to The Breakdown with me, NLW.

0:09.3

It's a daily podcast on macro, Bitcoin, and the big picture power shifts remaking our world.

0:18.3

What's going on, guys? It is Thursday, August 8th, and today we are talking about the final decision in the long-running ripple case.

0:25.7

Before we get into that, however, if you are enjoying the breakdown, please go subscribe to it, give it a rating, give it a review, or if you want to dive deeper into the conversation, come join us on the breakers discord.

0:34.2

You can find a link in the show notes or go to bit.ly slash breakdown.

0:38.1

Well, friends, after almost four years in court, the SEC's lawsuit against Ripple is finally resolved.

0:44.0

The judge has ordered Ripple Labs to pay a $125 million civil penalty and prohibited them from

0:49.2

further breaches of securities law. The ruling is being hailed as a victory for Ripple as the

0:53.8

SEC had argued for a

0:55.0

company-ending fine of $2 billion. From the beginning, this case has had major implications for the

1:00.0

industry. It helped define the borders of how securities law would apply to crypto assets in the

1:04.1

absence of SEC rulemaking. This ruling only dealt with penalties, with substantive legal issues

1:08.7

decided in a July 2023 decision. That order

1:11.5

found that direct token sales to institutional investors were covered by existing securities law.

1:16.3

Ripple had failed to obtain the relevant SEC exemptions before conducting these sales.

1:20.0

However, the judge also found that secondary market token sales on the open market were not

1:23.9

subject to securities law. This led to the conclusion that the tokens themselves are not

1:27.6

securities. There were also further issues related to Ripple executives aiding and abetting this

1:31.9

illegal conduct. Those claims were set to go to a full trial, but have since been dropped by the

1:35.9

SEC. In deciding on the appropriate penalty, the court found that there were 1,278 transactions

1:41.3

that violated securities law. The judge justified a much smaller penalty than the

1:45.2

SEC had asked for because the case, quote, does not involve allegations of fraud, misappropriation,

...

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