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What the $125 million penalty covered
The SEC sued Ripple Labs and two executives in December 2020 over XRP sales. The case concerned whether particular sales were unregistered securities offers or sales under Section 5 of the Securities Act of 1933—not whether XRP was a security in every transaction or context.
In July 2023, the U.S. District Court for the Southern District of New York treated Ripple’s institutional sales differently from its programmatic sales and other distributions. It held the institutional sales at issue were offers or sales of investment contracts, while the programmatic sales and other distributions at issue were not. The court also concluded that the individual sales by executives Bradley Garlinghouse and Christian Larsen were not investment contracts for substantially the same reasons as the programmatic sales. The court’s ruling should not be read as a blanket classification of all XRP transactions.
How the court calculated the penalty
On August 7, 2024, Judge Analisa Torres imposed a civil penalty of $125,035,150 and an injunction against future Section 5 violations. The calculation covered 1,278 institutional sales transactions, with penalty rates varying according to transaction dates. The court described its result as an estimate of the maximum first-tier penalty because the parties had not provided a more specific calculation. The remedies decision expressly says: “However, this case does not involve allegations of fraud, misappropriation, or other more culpable conduct.”
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What the SEC’s 2025 proposal would have changed
In May 2025, the SEC announced a conditional settlement agreement with Ripple and the two executives. Under its proposed terms, $50 million would go to the SEC in satisfaction of the existing penalty, and the remaining escrowed funds would be returned to Ripple. The parties also asked the district court to dissolve the injunction. The proposal depended on the court granting relief and on subsequent steps involving a limited remand and dismissal of the appeals; it was not itself a replacement judgment.
The SEC said its decision to seek resolution rested on its judgment that doing so would help its efforts to reform and renew its approach to crypto regulation, “not on any assessment of the merits of the claims alleged in the action.” That was the Commission’s stated rationale, not a court finding. Commissioner Caroline A. Crenshaw dissented, saying, “This is not a settlement I can support.” Her statement was a commissioner’s position, not an agency finding or court ruling.
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The SEC’s May 8, 2025 announcement and the settlement agreement describe the proposed terms.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What happened to the proposal and the original judgment
The district court denied the request for an indicative ruling that would dissolve the injunction. On August 7, 2025, the SEC and Ripple jointly stipulated to dismiss the SEC appeal and Ripple’s cross-appeal. The SEC then stated that the original judgment’s injunction remained in effect. In practical terms, the proposed $50 million payment and return of the balance did not become the final outcome: the original judgment, including the $125,035,150 penalty and injunction, remained in place.
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- Smart backup: Use your second Tangem Wallet as your Backup keys with end‑to‑end encryption; no more papers, pictures. If one card is lost, the remaining can still restore full access, with an optional seed phrase available for advanced users.
- Engineered to last up to 25 years: Waterproof (IP69K), shockproof and tested for extreme temperatures from −25°C to 50°C. A durable cold wallet with long‑term protection and independently audited security.
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On August 8, 2025, the SEC granted Ripple a waiver of the Rule 506(d) disqualification that otherwise resulted from the injunction. That waiver addressed the disqualification; it did not vacate or dissolve the injunction. The SEC’s August 7 release records the appeal dismissals, and Release No. 11383 explains the injunction and waiver.
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Judgment versus proposal
| Issue | 2024 judgment | 2025 proposed settlement | Outcome after appeals |
|---|---|---|---|
| Amount for the SEC | $125,035,150 civil penalty imposed by the district court. | $50 million proposed for the SEC in satisfaction of the existing penalty; the balance was to return to Ripple. | The conditional proposal did not replace the judgment; the original penalty remained in effect. |
| Injunction | Imposed against future Section 5 violations. | The parties asked the court to dissolve it. | Remained in effect; the separate Rule 506(d) waiver did not dissolve it. |
| Appeals | The SEC and Ripple filed appeals in October 2024. | The agreement contemplated dismissal after court relief and a limited remand. | Both appeals were dismissed by joint stipulation in August 2025. |
| Status | Court judgment. | Conditional proposed settlement, not a final court-ordered replacement. | Original final judgment remained in effect. |
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