The price of XRP, the native token of Ripple, remains stuck below the crucial resistance point of $0.50. This comes as the ongoing legal battle between Ripple and the US Securities and Exchange Commission (SEC) continues to cast a shadow over the cryptocurrency’s future.
Clash Over Penalties:
The core issue revolves around the penalties Ripple may face for allegedly violating securities laws. Ripple has proposed a civil penalty of around $10 million, referencing a recent settlement with Terraform Labs, another crypto firm involved with the SEC. The SEC, however, countered with a figure of $102.6 million. While significantly lower than their initial demand of a staggering $2 billion, the SEC maintains this revised amount is insufficient.
Ripple’s Response:
Ripple’s Chief Legal Officer, Stuart Alderoty, sees the SEC’s revised figure as a positive sign. He argues that by abandoning the $2 billion request, the regulator acknowledges the absurdity of their initial demand. However, a key sticking point remains. The SEC alleges Ripple refuses to acknowledge the violation, unlike Terraform Labs, which reportedly ceased operations. This, according to the SEC, justifies a higher penalty for Ripple.
Technical Outlook:
The ongoing legal battle is impacting XRP’s price performance. The token has struggled to break above $0.50 for most of the past week. Technical indicators point towards a bearish trend, suggesting further decline if the resistance level is not breached. If the price falls, support may be found at the April 19th low of $0.4665.
Looking Ahead:
The resolution of the SEC lawsuit holds significant weight for XRP’s future. A favorable outcome for Ripple could trigger a price surge. Conversely, a hefty penalty or an extended legal battle could further dampen investor sentiment. XRP holders are undoubtedly keeping a close eye on the ongoing court proceedings.
Background (December 2020):
- The SEC filed a lawsuit against Ripple, alleging they sold XRP as an unregistered security, raising over $1.3 billion.
- The lawsuit targeted Ripple, its CEO Brad Garlinghouse, and co-founder Chris Larsen, accusing them of violating securities laws.
Key Points of Contention:
- Security vs. Utility: The central debate revolves around whether XRP is a security (like a stock) or a utility (like a digital currency used for payments). The SEC considers it a security, while Ripple argues it’s a utility.
- Hinman Speech: A crucial piece of evidence is a 2018 speech by former SEC official William Hinman, stating Ethereum (another crypto) wasn’t a security. Ripple argues this speech undermines the SEC’s case against XRP.
- Institutional Sales: While the judge ruled XRP itself wasn’t a security, they found Ripple’s specific sales to institutions might have constituted unregistered securities offerings.
Current Status (June 2024):
- The lawsuit is ongoing, with the focus now on determining the appropriate penalties for Ripple executives.
- Ripple argues for a $10 million penalty, referencing a recent SEC settlement with Terraform Labs.
- The SEC counters with a revised figure of $102.6 million but maintains it’s insufficient.
- Both parties are awaiting a final ruling from the judge.
Potential Outcomes:
- Favorable for Ripple: A ruling that XRP is not a security and minimal penalties could lead to a significant price increase.
- Favorable for SEC: A hefty fine or a ruling classifying XRP as a security could negatively impact XRP’s value and adoption.
- Settlement: Both parties might reach a settlement outside of court, avoiding a definitive ruling on XRP’s classification.
Impact on the Crypto Industry:
The outcome of this case will have a ripple effect (pun intended) on the entire crypto industry. A clear definition of what constitutes a security could bring more regulatory certainty and potentially unlock institutional investment in cryptocurrencies.