In a recent filing on January 11, the US Securities and Exchange Commission (SEC) has intensified its legal pursuit against Ripple Labs, Inc., seeking to compel the blockchain company to provide crucial financial documents. The SEC's move is part of the ongoing legal case, which originated in December 2020 when the regulatory body alleged that Ripple's sales of XRP constituted unregistered securities offerings.
Regulator Seeks 2022-2023 Financial Statements
The SEC's latest filing specifically requests a court order that mandates Ripple to produce its financial statements for the years 2022 and 2023. Additionally, the regulatory body seeks documents related to contracts governing institutional sales of XRP after the SEC's original complaint. Notably, the SEC argued that Judge Analisa Torres had previously identified institutional sales as unregistered securities sales during the pre-complaint period.
Furthermore, the SEC is pushing for Ripple to answer a formal written question, known as an 'interrogatory', regarding the amount of proceeds received from institutional sales after the SEC's complaint. This applies to contracts entered into before the complaint was filed.
The SEC contends that these documents and the 'interrogatory' are crucial for Judge Torres to make informed decisions on potential relief, including injunctions and civil penalties. The regulatory body asserts that the financial information requested is fundamental for tailoring a penalty that would effectively deter future violations.
????BREAKING: SEC wants @Ripple to share financial statements and contracts to determine remedies. #XRP pic.twitter.com/oX7dPE7DVR
— JackTheRippler ©️ (@RippleXrpie) January 12, 2024
Future Compliance Pledged amid $729M Profit Admission
Ripple, on its part, argued against facing injunctions, asserting that its future XRP sales are exempt from registration and securities laws. The SEC countered this argument by emphasizing the importance of the requested financial information for determining appropriate penalties to discourage future violations.
“Ripple intends to tell the Court that even though it generated more than $729 million in illegal pre-Complaint Institutional Sales profits, it intends to comply with the law going forward — and therefore the Court need not enter an injunction. But Ripple does not get to make that determination. The Court does,” the filing stated.
The legal battle between the SEC and Ripple has seen various developments over time. In July 2023, Judge Torres ruled in favor of Ripple on certain sales, such as programmatic and exchange sales, stating that they were not securities offerings. However, institutional sales were deemed securities offerings, favoring the SEC.
The dispute appeared to reach resolution in October 2023, as the SEC dropped charges against two Ripple executives. Despite this, the case continued to progress, with Judge Torres issuing a summary judgment on certain remaining matters in December 2023.
While Ripple's trial with the SECis scheduled to begin in April, the recent SEC filing requesting new information suggested that the regulatory body is poised to pursue penalties against Ripple. Ripple's Chief Legal Officer, Stuart Alderoty, has previously criticized the SEC, referring to it as an "out of control regulator" due to its stance on cryptocurrency.
This article was written by Tareq Sikder at www.financemagnates.com.
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