After Ripple and SEC Dropped Appeals, What the XRP Case Still Leaves Unresolved

After Ripple and SEC Dropped Appeals, What the XRP Case Still Leaves Unresolved

N
News Editor 01
2026-07-23 00:50:14
The XRP case ended procedurally in August 2025, but Judge Torres’s ruling remained in place. Ripple still faces a $125 million penalty and a permanent injunction on direct U.S. institutional XRP sales.
RippleXRPSECU.S. regulationsecurities lawsuit

The Ripple-SEC lawsuit ended procedurally in August 2025, but the outcome left behind more than many headlines suggested. The Second Circuit accepted a joint stipulation to dismiss both sides’ appeals on Aug. 22, 2025. That closed the appellate fight. It did not erase the core rulings already entered by Judge Analisa Torres, including a $125 million civil penalty and a permanent injunction restricting Ripple’s direct institutional XRP sales in the United States.

The case ended through dismissal, not through a rewritten judgment

Ripple and the SEC filed to dismiss their appeals on Aug. 7, 2025, and the appellate court later approved the request under Federal Rule of Appellate Procedure 42. The order was brief. The consequences were not. Earlier in 2025, both parties had tried to settle on different terms, including cutting Ripple’s penalty from $125 million to $50 million and removing the injunction tied to securities registration violations.

Torres refused to approve that deal. Her reasoning turned on procedure, but it carried weight: the court had already entered final judgment in 2024, and changing the penalty and injunction would have meant setting aside that judgment. She declined to do so. Once that path closed, both sides dropped their appeals, leaving the 2023 ruling and the 2024 final judgment intact.

What Torres actually decided about XRP sales

The legal framework that came out of the case is unusually specific. Torres drew a line between programmatic XRP sales on public crypto exchanges and Ripple’s direct sales to institutional buyers. Programmatic sales to retail buyers were found not to be securities transactions. The ruling relied on the Howey Test, with the court concluding that exchange buyers did not have the kind of direct relationship with Ripple that would satisfy the investment-contract analysis.

Direct institutional sales were treated differently. Because those transactions involved contracts, investment commitments and a clear relationship between Ripple and the buyer, the court found that they did meet the standard for securities transactions. The ruling said Ripple’s $1.3 billion in institutional XRP sales during the relevant period amounted to unregistered securities offerings.

That distinction survived the end of the case. XRP was not declared a security in every context. Ripple’s direct institutional sales, though, remain constrained under the court’s sales-channel framework.

Penalty and injunction still shape Ripple’s U.S. operations

This is the part often compressed in public coverage. Ripple did not get the penalty reduced, and it did not get the injunction lifted. The $125 million penalty remains in force, and the permanent injunction still bars future conduct that would violate securities registration requirements in institutional sales.

For XRP holders trading on secondary markets, that distinction is less immediate because the exchange-trading portion of the ruling is what matters most to them. For Ripple as a company, the restriction is practical and ongoing. The source notes that Ripple has structured parts of its U.S. institutional business through alternatives such as RLUSD, payment partnerships and banking services rather than returning to direct XRP sales in their earlier form.

What is settled, and what is still open

Several issues are now closed. The SEC cannot relitigate the same conduct against Ripple. Brad Garlinghouse and Chris Larsen, who were individually named in the original complaint, were also released from civil enforcement exposure through the joint dismissal. The SEC also waived Ripple’s “bad actor” disqualification under Regulation D, allowing the company to preserve access to certain private offering channels despite the underlying findings.

Still, the case did not create nationwide binding precedent. Torres’s ruling stands as controlling law for this case in the Southern District of New York and as persuasive authority elsewhere, but another federal court could still reach a different result in a similar token dispute. The source argues that this is where the CLARITY Act would matter most: if passed, it could turn the secondary-market versus direct-sales distinction from a district court framework into binding federal law.

Another open layer sits at the state level. Torres addressed federal securities law, not the separate securities regimes enforced by individual states. So while XRP’s position under federal law is clearer than before, that does not mean every regulatory question has been extinguished across all U.S. jurisdictions.

This article was originally published by Bit.Fan. For more cryptocurrency news and market insights, visit www.bit.fan.
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