Key Takeaways:
A proposed final judgment filed in the U.S. District Court for the Southern District of New York could resolve a long-running enforcement case involving TRON founder Justin Sun and several affiliated entities. The filing describes a settlement where the company Rainberry – creators of the BitTorrent protocol – is paying a financial penalty and a court order.
Read More: US Lawmakers Flag “Pay-to-Play” Fears as SEC Drops 12 Crypto Cases, Pauses Justin Sun Probe
With the suggested court order, Rainberry Inc. will pay up to $10 million civil penalties to the U.S. securities and exchange commission (SEC). The payment would need to be completed within 30 days after the judgment is formally entered.
The order also places a permanent injunction on Rainberry, preventing the company from violating provisions of the Securities Act related to deceptive practices in the sale or promotion of securities. Specifically, the restriction focuses on conduct that could create false or misleading impressions about the price or trading market of a security.
Court records indicate that the fines money will remain under the custody of SEC until distribution by the court. The regulators can recommend some distribution scheme where the scheme may involve the Fair Fund technique of the SarbanesOxley Act wherein the funds will go back to the injured investors.
Rainberry had accepted the judgment without commenting on whether it was correct or not as is a norm in most regulatory settlements.
The proposed judgement also includes an important legal step: dismissing all of the remaining accusations against Justin Sun and related institutions including Tron Foundation Limited and BitTorrent Foundation Ltd.
This dismissal would be issued “with prejudice,” meaning SEC would not sue similar allegations again in the future.
Read More: Justin Sun Says “Just Buying More” as Tron Inc. Stacks 684.9M TRX in Growing Treasury
The legal enforcement initially included multiple allegations relating to securities regulation violation and market manipulation concerns. Previously, SEC indicated that institutions linked to Justin Sun participated in activities related to selling token and digital asset trading behaviors.
The newly submitted filing has dismissed all of these allegations while preserving the fine and injunction applied to Rainberry.
The proposed settlement does not take effect immediately. The final judgment should be discussed and accepted by a federal judge working at the Southern District of New York, and only after that, the judgment comes into force.
Assuming this approbation by the judge, the case shall proceed one step further toward being closed, which will conclude one of the most closely followed regulatory measures against a significant cryptocurrency business figure.
The court will also retain the case in order to ensure that all conditions that are provided by the judgment are abided by such as payment of the penalties and possible distribution of the funds.
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