Hi Folks, Today, I thought I would update you regarding the ongoing four-year lawsuit against the crypto-technology Ripple (XRP) filed by the SEC. Since XRP, the crypto token (currency), is another investment asset held by millions, I thought I would speak on this topic before publishing my weekly market report.
To provide this update, I refer to the video below for an explanation of what happened and why this clears the way for Ripple to become a standard transaction ledger eventually used in international transactions and promotes a way around the current central bank-controlled Swift banking transaction (cross-border) management system.
The Ripple alternative is safer, faster, and far less costly. This case has languished in the court system for far too long, and it would seem that the way has been cleared for Ripple to begin functioning as a direct method of transaction clearing system without the counter-party risks of requiring banks as intermediaries to the fund’s transfer – a far better, safer and faster way of clearing transactions.
Summary
Transcript
ITS FINALLY OVER
After a four year long battle, the Ripple Sec case is officially over. In this video we’re going to be talking about the judges final ruling and what you need to take away from this as there were some critical statements in regards to whether or not ripple could continue to use ODL going forward, whether or not they could continue to sell to institutions what their penalty looked like. And guys, we’re also going to talk about the impact on XRP and whether or not there’s going to be an appeal to this ruling. Guys, there is so much to cover so make sure to stick around for this whole thing.
Like always, your support means so much to this channel. Thank you so much to everyone who likes these videos and to subscribe to the channel. These two simple things really do help me out so much. Also, if you ever need a place to buy some XRP, make sure to check out my favorite exchange uphold down in the description of this video. With that said, those jump right into it and I hope you guys enjoy the content as I want to start this video off with a quick congratulations to everyone who made it to this point. This entire ripple Sec case was a battle.
It was a journey. It took forever. And for those of you who are here since the beginning, I think you all deserve to pat yourself on the back. This was truly an incredible time period in all of our lives. I think we all learned so much and grew together in the process of this entire Ripple SEC case. But most importantly, it’s nice to know that this entire time we were on the right side of things. Since the early days, many of us predicted that XRP would not be a security and ripple would ultimately leave this case with a slap on the wrist.
And today we got confirmation that that is exactly what’s happening now. Guys, towards the end of the video I want to get into whether or not there’s going to be an appeal in this case, whether or not the SEC is going to try to drag this thing on even longer. I’m going to get into what the attorneys are saying about this. So there’s still a lot going on in regards to this case, but we’re going to go over how probable I think each one of those scenarios is and what we’re going to see moving forward. Guys, to start off, it’s really important to understand that I read almost every single attorney’s opinion on x and overall almost every single one thought this was an outstanding win for ripple.
So first of all, it’s very nice that most of the legal scholars have already put their opinion out there and say, okay, this was overwhelmingly a massive win for ripple the company. Now, guys, first the big thing we need to talk about is the fine. There is a lot of speculation on how big this fine was going to be, and I’m pretty sure I nailed it in my prediction. Also, I just so happened to nail when the case was going to end as well. I don’t know how that worked out. It was just a random guess, kind of crazy, but the fine ended up being $125 million.
Now, what’s so funny about this $125 million fine is none of that fine came from disgorgement. And what this means is the SEC could not find a single person who’s actually hurt by ripple sales of XRP. Pretty much this $125 fine was all just a simple slap on the wrist or penalty from Judge Torres saying, hey, ripple, technically you did violate securities laws in a place or two, so this is your fine for doing that. But overall, no one was actually hurt by anything you did. So this is the first massive slap in the face of the SEC because to spend billions of dollars in taxpayer money against Ripple, the company, and not come out with any disgorgement means essentially that they spent four years litigating Ripple, only to come out with the fact that Ripple had some minor violations in the processes in which they sold XRP.
There was no fraud, there was no wrongdoing, there is nothing malicious. All the SEC could find was some tick tacky minor violations on how Ripple sold XRP, despite the fact there was no clarity at the time. So Ripple was really just doing their best. So this is the first massively embarrassing loss for the SEC in this case. Obviously the SEC pursued this case, saying that Ripple was hurting people, Ripple was damaging the XRP community, blah blah blah blah blah. And the judge didn’t agree with any of that. The other big win for Ripple was around the injunction.
And this is something else that Jeremy Hogan highlighted as well as some other people on X. What a lot of people are misunderstanding on X right now that’s so important to understand is that the judge specifically stated that Ripple did not violate the law in post complaint sales. The judge did say Ripple could not continue to continue to violate the laws set forth in the case. So let me explain what this means. Ripple has two products. They have ODL one and they have ODL two. The SEC brought a case against ODL one. It was Ripple’s original ODL product.
In ODL one, Ripple was essentially doing things like locking up XRP, selling XRP to institutions at a discount whatever Ripple was doing to incentivize the deal to ultimately get pushed forward, ultimately. The judge pointed to some of these contracts in which Ripple was doing these different things in ODL one and said, okay, some of these contracts would be securities. So what did Ripple do? Ripple took all of the things the judge said not to do, took them out of ODL one and then created a new product called ODL two. Now, ODL one and ODL two aren’t actually real things.
I’m just using this to conceptualize the difference between the two products. ODL two is essentially the same thing as ODL except Ripple got rid of all the things that the judge had issue with though the lockups and all the different stuff like that. Ripple took out of ODL two and continued running ODL. What did the judge say? The judge said, hey, look, ODL two is not in front of me in this case, only ODL one was. So I’m going to ask Ripple to stop doing ODL one. And in terms of ODL two, I don’t have any problem with it.
Now, she didn’t say it was good to go. She just said, that’s not part of this case and I’m not going to cover it with my injunction. So therefore, Ripple is all set to go in terms of ODL too. So Ripple’s ODL product as it stands now is perfectly fine and compliant. Now, the other thing that is getting a lot of attention is whether or not Ripple is able to sell to institutions going forward. Now, this is very interesting because it’s one of the biggest things people forget. Ripple came out of this case with three massive wins.
One, XRP is not a security. Two, they can continue to use ODL to facilitate XRP cross border payments. And three, XRP sold on the secondary markets, not a security. The one loss they kind of did take was on institutional sales of XRP, XRP sales to institutions. But what we are learning now is it’s really not as big of a loss as many people truly think. And that’s because Ripple can still sell XRP to institutions. What do you mean? Mickel, you just said that that was a securities violation. Well, it’s only a securities violation if it’s not done with an exemption.
Ripple can still sell XRP to institutions. They just need to file those sales under an SEC exemption moving forward. And this is one of the biggest things I tried to hammer home on my channel. Just because anything might have been labeled a security transaction in the SEC case doesn’t mean that that transaction is illegal. It just means it needs to be registered or have some kind of exemption moving forward. So what Brad Garlinghouse did was actually like this tweet saying, hey, we can continue to sell to institutions. We just need to make sure that we registered these sales with the appropriate exemption.
So this means one, Ripple’s ODL product is fine, moving forward to XRP continues to not be a security. Three, XRP can be sold on the secondary market, or Ripple can still sell two institutions going forward. And then five, Ripple just got a slap on the wrist. It was $125 million fine. The SEC was asking for 2 billion. So when it comes to all the major issues in this case, Ripple won on every single front. The SEC tried to say that Brad Garlinghouse and Chris Larson were essentially committing fraud. The SEC did not win on any of those allegations.
The SEC tried to say institutions were hurt. No institutions were hurt. Sec tried to say XRP was a security. The SEC absolutely failed to prove XRP was a security. And Judge Torres actually came out and said that it’s not a security. So what we’re seeing is ripple one on every single major front in this case and going forward, their business is going to be perfectly fine and actually have drastically more clarity than it had before. Now, the big question left, is the SEC going to appeal this case? Now, Jeremy Hogan actually weighed in on this, but this is where the lawyers are actually pretty split.
Jeremy Hogan specifically stated, when it comes to whether or not the SEC would appeal this case, that he believes the SEC won’t appeal the case and he believes there’s a 70% chance they will not go through the appeal. He said that the SEC would be dumb to appeal the case because the case was so bad to begin with. Guys, I want to make this very clear. The SEC cannot bring new facts to this case. They are stuck with the facts they brought in the original case, even if they did appeal. And at the end of the day, the SEC just simply brought bad facts.
Their facts are never going to get any better. The SEC does not have a lot to work with with the current case. They can bring this to a new judge. But ultimately, most of the intelligent lawyers in the room never really even thought the SEC had a chance to begin with, given the facts they brought to the case. You even consider what SEC supporters have said about this case. People like Mark Fagle, even they said that the SEC brought an extremely weak case here. I don’t think it actually makes any sense for the SEC to appeal this.
The SEC has much stronger cases in the Coinbase case and other cases currently already moving forward to the second circuit. For me, these are all signs that the SEC is just going to let this case die. They are already in a lot of you know what in the political landscape right now. Both parties, the Republicans and the Democrats, are trying to fight for the cryptocurrency industry to try to get their votes. I don’t think appealing this case is going to be favorable politically or a smart decision for the SEC legally. Like I said, the SEC brought a bad case and that’s not changing.
The SEC has a much better chance pursuing actual fraudulent companies going after actual pump and dumps rather than going after the best players in the industry like Ripley, who have enormous legal teams that are ultimately just going to further diminish the SEC’s power moving forward. The SEC has been called out hard recently for essentially not protecting investors, all while essentially pursuing politically motivated cases like this one that don’t actually help anyone. I don’t think the SEC is going to be able to continue this behavior. And for all those reasons, I don’t think there’s going to be an appeal.
Now, a lot of people said, oh, Ripple’s going to appeal because they want more clarity, guys. I think that’s the farthest thing from the truth. Ripple is so happy for this case to be over with. They want no part in this case going forward. XRP is not a security. They can continue to run ODL. They can continue to sell to institutions. They can continue to sell in the secondary market. They got a slap on the wrist from Judge Torres. I don’t know what else Ripple would want here, right? There is no chance. In my opinion, Ripple is going to appeal unless the SEC appeals first.
If the SEC does appeal. It just makes sense for Ripple to appeal because why not? You’re already going back to court. You might as well try to get a couple extra wins in there considering you’ve already dominated this case the entire time. You guys, ultimately, after a four year long battle, this case is officially over. And everything we have been saying since the beginning turned out to be true. XRP is not a security, and that’s the biggest thing. But most importantly, Ripple’s businesses were virtually not impacted. You have to understand, the SEC regulates in the past tense.
Ripple builds products in the future tense. The SEC can only go back and slap Ripple on the wrist for things they did before in the past. But with how fast the cryptocurrency market changes, Ripple can continue to innovate, build new products. They’re constantly moving around. The SEC’s accusations. The holy grail claim for the SEC here was that XRP was the security and that would thwart everything Ripple was doing. Because the SEC didn’t win on that claim. They never had a chance. Ripple was always going to win. They could always restructure their products, they could always restructure their contracts.
And that’s why I have been so confident this entire time that Ripple was going to win. XRP wasn’t going to be a security and ultimately the SEC would end up flat on their face. Guys, that is exactly what we saw. I predict that over the next 60 days we are not going to see an appeal by the SEC. I predict Ripple is going to further build out their business in the United States and I think once that 60 day period is over for the SEC to appeal, that’s going to be the time where we really start to see a lot of institutions start second looking ripple XRP in the United States and I believe that will be the start of the biggest wave of mass adoption we have ever seen for the XRP ledger.
Anyway guys, thank you so much for coming. I hope you enjoyed this update. Thank you to everyone who is so supportive during this entire thing. I understand times were hard, I understand there was a lot of uncertainty. But you guys were truly incredible throughout the entire thing and I really do owe you guys so much for everything you have done for me. I am so happy I was able to help guide a lot of you through this entire thing. I am so happy I was able to be there for you, for people who needed these updates, who needed things like this.
I never really thought that these videos would be so impactful to people’s lives and never really thought people would get so much from them. So I’m absolutely honored to know how much these videos mean to you guys and I promise they are not going to stop anytime soon. I’m so happy I was able to help out so many people throughout this entire thing. But guys, the journey has just started. We are still so so early to this asset class. We just won a major war but we still have so much more to go. Guys, thank you so much for coming.
I love you all so much. And for now pickle out.
[tr:tra].
Enjoy your day ~ SS
Be not deceived – be prepared ~ Silver Savior
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- Note: We are not giving advice; we only give our opinion; we are not financial advisors. This article only represents our thoughts about the economy.