[ccpw id="39382"]

HomeCrypto NewsMarketRipple vs. SEC: Former SEC Lawyer Says There Won’t Be Monetary Recovery for Early XRP Investors 

Ripple vs. SEC: Former SEC Lawyer Says There Won’t Be Monetary Recovery for Early XRP Investors 

Date:

Written By:

Former SEC attorney asserts that there won’t be monetary recovery if Judge Torres rules that XRP sales between 2012 and 2015 are securities.  

As the lawsuit between Ripple and the SEC approaches its end, crypto community members and legal experts, have been discussing the possible outcome of the case. 

In a tweet yesterday, a former SEC lawyer Marc Fagel disclosed that there won’t be monetary recovery if Judge Torres rules that early XRP sales from 2012 to 2015 are securities. 

- Advertisement -

Fagel made this known after an XRP community member raised a question regarding a recent Unchained Podcast interview with Jason Gottlieb, a partner at Morrison Cohen. 

In the interview, Gottlieb said the SEC cannot charge Ethereum founders with offering unregistered security due to a five-year statute of limitations in place. According to Gottlieb, Ethereum was issued before five years ago, which makes it difficult for the SEC to make a move against the cryptocurrency. 

Following Gottlieb’s remark, an XRP community member asked why Ripple didn’t use the five-year “statute of limitations” argument as a defense in the case, given that XRP was first issued in 2012 and the SEC sued Ripple in 2020, which represents an eight-year difference. 

- Advertisement -

Ripple v. SEC Case Not Barred to the Statute of Limitation 

Responding to the question, Fagel said the Ripple v. SEC lawsuit is not barred by the five-year statute of limitations because the securities regulator alleged that defendants sold XRP as a part of unregistered securities from 2012 through 2020. 

Fagel added that any monetary recovery would be limited to the five years before the SEC officially charged Ripple with violating securities laws. 

Bill Morgan, a pro-XRP lawyer, raised a question about the monetary recovery issue, saying: 

“So if Judge Torres finds early sales of XRP from 2012 to 2015 are investment contracts but not sales after 2015, there is no monetary recovery?” 

Fagel asserted that in the “recent change of law,” early XRP investors between 2012 and 2015 would get non-monetary relief if Judge Torres considers the transactions as securities. 

Disclaimer: This content is informational and should not be considered financial advice. The views expressed in this article may include the author's personal opinions and do not reflect The Crypto Basic’s opinion. Readers are encouraged to do thorough research before making any investment decisions. The Crypto Basic is not responsible for any financial losses.

-Advertisement-

Author

Lele Jima
Lele Jima
Lele Jima is a cryptocurrency enthusiast and journalist who is focused on educating people about how the nascent asset class is transforming the world. Aside from cryptocurrency-related activities, Jima is a lover of sports and music.

More from Author

Latest Stories

Guides