联邦法官认定Ripple通过交易所销售XRP不违反证券法

币界网Published on 2024-08-08Last updated on 2024-08-08

币界网报道：

作者：Nikhilesh De，CoinDesk；编译：邓通，

  • 去年，联邦法官裁定 Ripple 的 XRP 机构销售违反了联邦证券法，随后对其处以 1.25 亿美元罚款。

  • 法官重申了她的观点，即 Ripple 通过交易所向散户程序化销售 XRP 的行为并不违反联邦证券法。

周三，一名联邦法官命令 Ripple 支付 1.25 亿美元的民事罚款，并对未来违反证券法的行为发出禁令。

纽约南区地区法官 Analisa Torres 在发现 Ripple 的 1,278 笔机构销售交易违反了证券法后实施了罚款。1.25035 亿美元的罚款远低于 SEC 要求的 10 亿美元非法所得和判决前利息以及 9 亿美元的民事罚款。

周三的补救命令是在法官于 2023 年 7 月对该案本身作出裁决之后做出的，该裁决认定 Ripple 通过直接向机构客户出售 XRP 违反了联邦证券法，但她还裁定 Ripple 通过交易所向散户程序化出售 XRP 并未违反任何证券法。

在案件审理期间，SEC 曾试图对该部分裁决提出上诉，但没有成功。

周三，Torres法官还禁止 Ripple 未来违反联邦证券法，她表示，虽然她没有判断 Ripple 在 SEC 提起诉讼后违反了任何法律，但该公司很可能在涉及 Ripple 的“按需流动性”产品的部分“越界”。

“相反，法院认为 Ripple 愿意突破命令的界限，表明它最终（如果还没有）越界的可能性很大，”她说。“总的来说，法院认为未来有合理的违规可能性，值得发布禁令。”

禁令文件要求 Ripple 提交注册声明，如果它打算出售任何证券。

既然法官已经判刑，SEC 很可能会上诉 2023 年 7 月的裁决，此前同一位法官去年驳回了 SEC 的临时上诉动议。

在该上诉被驳回后，SEC 和 Ripple 就首席执行官布拉德·加林豪斯 (Brad Garlinghouse) 和其他高管的指控达成和解。

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