John E Deaton shared a new opinion on the outcome of the trial

Ripple против SEC: Суд дал разрешение на вмешательство держателей XRP

Lawyer John E Deaton shared a new opinion on the outcome of the trial.

Lawyer John E Deaton shared on twitter a new opinion on the outcome of the trial. First of all, he noted:

I see people saying @Ripple won’t settle now. If @GaryGensler called Mary Jo White and said:
«pay $100M, admit you sold a security between 2013-2015 and we will declare all ongoing and future sales of #XRP as non-securities»
@bgarlinghouse would write the check immediately.

He further stated:

Ripple isn’t going to NOT settle so that the overall crypto market gets a favorable ruling. Garlnghouse has a duty to Ripple shareholders, not the crypto market. Plus, there is no guarantee Ripple will do better than that w/ the Judge’s ruling. There are way too many variables.
First, a settlement that gives #XRP not regulatory clarity but better yet, regulatory certainty moving forward is worth a lot more than $100M. Second, a settlement ends the litigation and therefore there are no appeals. If Ripple wins Summary Judgment the SEC will likely appeal.
Third, if the SEC declared ongoing and future sales of #XRP as non-securities, the exchanges will 100% relist #XRP. If there is a decision by the judge that today’s #XRP is not a security but her ruling is appealed, the exchanges would likely relist #XRP, but it is not 100%.
Fourth, it is possible the judge does not completely resolve the issues (ie she grants only partial summary judgment) and finds that there are factual issues for a jury to decide and the case (or part of the case) moves forward with a lengthy jury trial.
Fifth, b/c Ripple has been successful and is hiring people while others are firing people or filing for Bankruptcy, people underestimate how much damage this case has inflicted on adoption and Ripple’s business. #XRP being declared a non-security in the U.S. is critical.
Me stating these things does not mean I think a settlement is imminent. It also does not mean I believe Ripple will lose or anything like that. I’m only saying that if Ripple were able to achieve regulatory CERTAINTY w/ a settlement, it would be a no-brainer.
Brad Garlinghouse is savvy enough to know that if he could achieve certainty he wouldn’t hesitate to also give @GaryGensler a political and public victory by agreeing to certain terms. Ripple would go public and you would see Brad and Gary on a stage together in the further.