“There has never been a crypto case in which this has happened. So, this would be unchartered waters but the effect of any order would be absolutely devastating.”
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As the lawsuit is again at risk of extending deadlines potentially for summary judgment, Mr. Hogan was clear that the SEC v Ripple has an end in sight.
“If the SEC truly is going to try and make an argument that the difference between XRP and Ether is that the Ripple ledger is not fully built out – that is a major shift in SEC strategy and major admission of a defeat for the SEC”.
“Well, I’ll say it: I swear Judge Netburn is following some of the XRP people on Twitter or maybe even on Youtube. I didn’t think so before but now… I see you Judge Netburn”.
“It blows my mind that the SEC has not reviewed already, and is arguing that it’s “unduly burdensome” that it actually review the contracts it is suing about!”, attorney Jeremy Hogan commented.
“30k Requests for Admissions is an astonishing number”, said attorney Jeremy Hogan.
“The SEC sent an email to a third party telling them to analyze a digital asset using the factors in the Hinman speech; which speech was just his personal opinion. I understand now – it’s the SEC that needs clarity!”, attorney Jeremy Hogan commented.
“It can’t point to an investment contract and instead is going to rely on statements and other murky half-promises made by Ripple”, said attorney Jeremy Hogan.
A number of strange things have caught the attention of attorney Jeremy Hogan, who now believes the deposition of William Hinman never took place.
Attorney Jeremy Hogan analyzed the top cryptocurrencies by market cap in terms of their “danger rating”.
“The real reason the SEC uses the MOU’s is to intimidate and ruin business relationships between Defendants and the subjects of the “requests”, said Attorney Jeremy Hogan.
The SEC is ordered to explain, among other things, how the Howie test applies to XRP, what is the status of Ether and Bitcoin, and the sale of XRP as investment contracts.
Some might disagree with the Judge’s statement that the extension of the expert discovery deadline by two months will not affect the schedule of the SEC v. Ripple lawsuit.
The SEC’s bad timing – we’re close to the discovery deadline – may work in favor of Ripple’s interests, but the Judge is expected to compel Ripple to produce evidence that will form the backbone of the SEC’s case.
“If the SEC cannot easily articulate an unassailable legal theory for why particular assets are securities, is the line as clear as the SEC maintains it is?”
The SEC’s bad timing for this motion to compel, however, might save Ripple from a turn of events.
Ripple found out about an email chain between the SEC and a third party that could prove Hinman’s 2018 speech was not merely a personal opinion, but the SEC’s policy. The Judge wants to take a look at it.
The trials and tribulations of the XRP community and the digital asset ecosystem.
“It is disconcerting to me that for three years now I’ve been asking for regulatory clarity, and we can’t seem to provide any”.