‘No Settlement,’ Says Ex-SEC Lawyer as Gensler Secures Partial Win in XRP Case

• SEC Chair Gary Gensler’s planned January 2025 departure impacts Ripple’s legal battle, as XRP reaches $1.5 amid increased trading volumes and positive market sentiment regarding regulatory clarity.
• SEC achieved record-breaking enforcement in 2024 with $8.2 billion in penalties and processed 45,130 whistleblower tips, resulting in $255 million in awards and $345 million returned to investors.

Gary Gensler’s planned departure from the Securities and Exchange Commission (SEC) chairmanship in January 2025 has catalyzed renewed interest in Ripple’s ongoing legal battle. Recent market movements show XRP reaching $1.5, accompanied by substantial trading volume increases, reflecting investor optimism about regulatory clarity.

Former SEC attorney Marc Fagel has poured cold water on settlement speculation, emphasizing SEC’s existing partial victory. Responding to social media discussions about potential settlement negotiations before Gensler’s exit, Fagel stated:

They already won half the case. I don’t know why the same commissioners who voted to appeal the other half would reverse course now. Possible, but seems unlikely.

Crypto market analysts maintain a bullish outlook for XRP, projecting potential price targets of $2 in the coming months. Supporting factors include increased European adoption, with major exchanges now listing physical XRP, and positive sentiment surrounding potential leadership changes in Washington.

Attorney Jeremy Hogan provides a timeline perspective, suggesting case resolution could arrive by spring or early summer 2025. Brad Garlinghouse, Ripple’s CEO, expresses optimism about XRP’s future, particularly noting Donald Trump’s potential Treasury Secretary pick, Scott Bessent, as a possibly favorable development for cryptocurrency regulation.

SEC Enforces Record $8.2B Penalties in 2024

SEC enforcement data reveals a transformative year in fiscal 2024, with 583 total enforcement actions resulting in record-breaking financial penalties of $8.2 billion. Despite a 26% decrease in overall enforcement actions compared to fiscal 2023, monetary consequences remained substantial, including $6.1 billion in disgorgement and prejudgment interest.

Gensler, whose resignation takes effect January 20, emphasized enforcement’s crucial role: 

The Division of Enforcement is a steadfast cop on the beat, following the facts and the law wherever they lead to hold wrongdoers accountable. As demonstrated by this year’s results, the Division helps promote the integrity of our capital markets to benefit investors and issuers alike.

Acting Enforcement Division Director Sanjay Wadhwa highlighted intensified focus on industry-wide compliance issues, while Acting Deputy Director Sam Waldon noted successful adaptation to emerging challenges, including cases involving artificial intelligence misrepresentation and social media-related fraud.

SEC’s Key Achievements in 2024

SEC’s regulatory reach expanded significantly in 2024, with 124 individuals receiving officer and director bars, marking the second-highest total in a decade. Investor compensation efforts proved substantial, with $345 million returned to affected parties, contributing to a cumulative $2.7 billion since fiscal year 2021.

Whistleblower programs demonstrated remarkable effectiveness, processing a record 45,130 tips, complaints, and referrals. Over 24,000 whistleblower tips resulted in $255 million in awards, underscoring the SEC’s commitment to identifying and addressing market misconduct.

The agency’s targeted campaigns yielded significant results, particularly in addressing recordkeeping violations, which led to over $600 million in civil penalties across more than 70 firms. Municipal advisors faced unprecedented recordkeeping charges, signaling expanded regulatory oversight.