Judge Torres acknowledged the SEC’s authority to revise enforcement policy but ruled that such shifts do not permit nullifying a judgment once statutory violations have been legally established and penalties imposed
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However, the judge noted that none of the cases actually involved injunctions or penalties.
Ripple cited the SEC's pro-crypto U-turn to convince the judge to amend the final judgment.
In each of those cases, the SEC dismissed its case before a court found a violation of federal securities laws.
The Court respects the freedom of parties to amicably resolve their disputes,” Torres wrote. “It is also true that the SEC, like any other law enforcement agency, has discretion to change course after an enforcement action is initiated.
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