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Ripple vs. SEC: Could newly released documents tip the balance?

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The court case between SEC and Ripple Labs has been ongoing for nearly two and a half years, but a summary judgment ruling could be made any day.

The ongoing case of the Securities and Exchange Commission v Ripple Labs could have a significant impact on the future of cryptocurrency regulations.

Ripple first popped up in 2012 with the promise of providing financial institutions and other entities with faster, more affordable clearance of cross-border fund transfers. To that end, Ripple created the XRP Ledger and a cryptocurrency called XRP (XRP) to function as its native coin and facilitate transactions.

On Dec. 22, 2020, the SEC sued Ripple, alleging that the firm selling XRP represented an unregistered securities offering.

Ripple co-founder and former CEO Chris Larsen and current CEO Brad Garlinghouse were also named in the SEC’s charges.

Most entities on the receiving end of SEC enforcement actions choose to settle. In this case, however, Ripple chose to fight the charges — at great expense — and take the matter to court.

Ripple argued that XRP does not satisfy the Howey test, which is used to determine whether an investment contract exists — and, therefore, whether a transaction is a security transaction. It also said that if XRP was, in fact, a security, the SEC had failed to give it fair notice under U.S. securities laws.

Enter the Hinman documents

The “Hinman documents” refer to a 2018 speech given by former SEC Director William Hinman and documents associated with writing it.

In the speech, Hinman said that Ether (ETH) should not be considered a security given its decentralized nature, stating:

“Putting aside the fundraising that accompanied the creation of Ether, based on my understanding of the present state of Ether, the Ethereum network and its decentralized structure, current offers and sales of Ether are not securities transactions.”

This was considered a landmark speech, as it signaled to the crypto industry that it could be possible for cryptocurrencies to transition from securities when they are first created to commodities once they are sufficiently decentralized.

This could have an impact on Ripple’s fair notice defense, which comes into play if Judge Analisa Torres finds that Ripple did indeed sell unregistered securities.

@attorneyjeremy1 is correct and this is why Ripple’s Fair Notice Defense should be viewed as an insurance policy. If the Judge finds Ripple violated Section 5 b/c these specific sales constituted investment contracts, Ripple argues the jury must decide if Ripple had fair notice.

— John E Deaton (@JohnEDeaton1) May 18, 2023

Ripple requested the documents in discovery, and the request was granted on Oct. 21, 2022. While the documents could be used as a part of Ripple’s defense, the SEC has attempted to keep them sealed on multiple occasions, arguing that they are irrelevant to the court’s summary judgment decision.

But on May 16, Judge Torres ruled that the Hinman documents are “judicial documents” subject to a strong presumption of public access and denied the SEC’s motion to seal.

Another win for transparency! Unredacted Hinman emails to be publicly available soon - stay tuned as the lawyers work through the mechanics to make that happen. https://t.co/o6puPypRHd https://t.co/qmaLVeQaP8

— Brad Garlinghouse (@bgarlinghouse) May 16, 2023

Notably, the court did not state whether the documents will be relied upon when it decides on the summary judgment motions of each party; but given the statements of those who have seen the documents, it appears likely they will negatively affect the public image of the SEC.

I’ve always felt good about our legal arguments, and I feel even better now.
I always felt bad about the SEC’s tactics, and I feel even worse about them now.

— Stuart Alderoty (@s_alderoty) October 20, 2022

Additionally, there are questions about whether Hinman had a conflict of interest when making the speech, as he worked at a law firm that is a member of an Ethereum advocacy organization before and after working for the SEC— and the documents may provide additional details around this.

Speaking during a Twitter Space shortly after the ruling, lawyer and CryptoLaw founder John Deaton predicted the documents will be:

“Disturbing, but not as shocking as maybe people think it’s going to be because there’s been, quite frankly, such a big buildup for it. [...] I believe when these emails come out, that the conflicts of interest will be even more highlighted.”

What does the latest ruling mean for the case?

While it’s still too early to tell what the ultimate outcome of the case will be, the court also denied certain motions to seal from Ripple, which included references linking Ripple’s revenues with XRP sales and the amount of compensation offered to trading platforms, among others.

In the Twitter Space, Deaton highlighted these sections as evidence likely to hurt Ripple’s chances of a complete victory, adding:

“I think the chances of Ripple getting a complete victory are much slimmer after reading this than I felt before. I still don’t think the SEC is getting a complete victory either.”

Deaton theorized that the courts could decide to fine Ripple for its early sales of XRP — relating to the initial coin offering and other transactions aimed at boosting the network — but that secondary sales of XRP and the coin itself are not securities.

If the above scenario happens AND the Judge agrees w/Ripple that the jury must then decide whether those early sales should be excused because Ripple lacked fair notice that XRP sales were effectively illegal (unregistered), it can only be described as a TOTAL VICTORY for Ripple.

— John E Deaton (@JohnEDeaton1) May 18, 2023

Deaton’s thoughts on the subject were given further credibility when former SEC securities lawyer Marc Fagel added his voice to the Twitter Space, saying that he generally agreed with everything that had been said but that the SEC’s suit was worded in a way that focused on the tokens issued by Ripple and not secondary market transactions.

Fagel added that he thought Torres “would be overstepping to make a ruling on secondary sales,” but he believed they were helpful in the SEC’s case, as they illustrate how a secondary market would not have been created without Ripple issuing securities while promoting the network.

...is good and bad news IMO. A complete Ripple win would have given J. Torres an out to NOT order production. Same goes for SEC. Doesn't automatically mean neither can win outright but, as I have predicted, still think these are both low probabilities. Could compel SEC to...2/3

— Fred Rispoli (@freddyriz) May 16, 2023

Could the case finally be reaching its conclusion?

In a May 17 Twitter thread, prominent pro-crypto lawyer Fred Rispoli suggested that the summary judgment ruling is already written and could be issued “any day now,” while also agreeing that a split decision was the most likely.

Deaton noted during the Twitter Space that he believes Judge Torres knows how she will rule but added that guessing how much is written “in its final form” would be pure speculation.

He also agreed that the decision could come down at any time, but he added that it could take another month or longer.

Magazine: NFT Creator: Top 10 crypto artist Trevor Jones on being rich, rekt and rich again

Source

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    At first, I was admittedly skeptical about Worldcoin (ref: https://worldcoin.org/blog/worldcoin/this-is-worldcoin-video-explainer-series), particularly around the use of biometric data and the WLD token as a reward mechanism for it. However, after following the project closer, I’ve come to appreciate the broader vision and see the value in the underlying tech behind it. The concept of Proof of Personhood (ref: https://worldcoin.org/blog/worldcoin/proof-of-personhood-what-it-is-why-its-needed) has definitely caught my attention, and does seem like a crucial step towards tackling growing issues like bots, deepfakes, and identity fraud. Sam Altman’s vision is nothing short of ambitious, but I do think he & Alex Blania have the chops to realize it as mainstay in the global economy.

  • 01.10.24 14:54 Sinewclaudia

    I lost about $876k few months ago trading on a fake binary option investment websites. I didn't knew they were fake until I tried to withdraw. Immediately, I realized these guys were fake. I contacted Sinew Claudia world recovery, my friend who has such experience before and was able to recover them, recommended me to contact them. I'm a living testimony of a successful recovery now. You can contact the legitimate recovery company below for help and assistance. [email protected] [email protected] WhatsApp: 6262645164

  • 02.10.24 22:27 Emily Hunter

    Can those who have fallen victim to fraud get their money back? Yes, you might be able to get back what was taken from you if you fell prey to a fraud from an unregulated investing platform or any other scam, but only if you report it to the relevant authorities. With the right plan and supporting documentation, you can get back what you've lost. Most likely, the individuals in control of these unregulated platforms would attempt to convince you that what happened to your money was a sad accident when, in fact, it was a highly skilled heist. You should be aware that there are resources out there to help you if you or someone you know has experienced one of these circumstances. Do a search using (deftrecoup (.) c o m). Do not let the perpetrators of this hoaxes get away with ruining you mentally and financially.

  • 18.10.24 09:34 freidatollerud

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  • 31.10.24 00:13 ytre89

    Can those who have fallen victim to fraud get their money back? Yes, you might be able to get back what was taken from you if you fell prey to a fraud from an unregulated investing platform or any other scam, but only if you report it to the relevant authorities. With the right plan and supporting documentation, you can get back what you've lost. Most likely, the individuals in control of these unregulated platforms would attempt to convince you that what happened to your money was a sad accident when, in fact, it was a highly skilled heist. You should be aware that there are resources out there to help you if you or someone you know has experienced one of these circumstances. Do a search using (deftrecoup (.) c o m). Do not let the perpetrators of this hoaxes get away with ruining you mentally and financially.

  • 02.11.24 14:44 diannamendoza732

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  • 12.11.24 00:50 TERESA

    Brigadia Tech Remikeable recovery has exhibited unparalleled strength in the realm of recovery. They stand out as the premier team to collaborate with if you encounter withdrawal difficulties from the platform where you’ve invested. Recently, I engaged with them to recover over a million dollars trapped in an investment platform I’d been involved with for months. I furnished their team with every detail of the investment, including accounts, names, and wallet addresses to which I sent the funds. This decision proved to be the best I’ve made, especially after realizing the company had scammed me. Brigadia Tech Remikeable recovery ensures exemplary service delivery and ensures the perpetrators face justice. They employ advanced techniques to ensure you regain access to your funds. Understandably, many individuals who have fallen victim to investment scams may still regret engaging in online services again due to the trauma of being scammed. However, I implore you to take action. Seek assistance from Brigadia Tech Remikeable Recovery Experts today and witness their remarkable capabilities. I am grateful that I resisted their enticements, and despite the time it took me to discover brigadia tech recovery, they ultimately fulfilled my primary objective. Without Brigadia Tech Recovery's intervention, I would have remained despondent and perplexed indefinitely. Also if you are looking for the best and safest investment company you can contact them, for wallet recovery, difficult withdrawal, etc. I am so happy to keep getting my daily BTC, all I do is keep 0.1 BTC in my mining wallet with the help of Brigadia Tech. They connected me to his mining stream and I earn 0.4 btc per day with this, my daily profit. I can get myself a new house and car. I can’t believe I have thousands of dollars in my bank account. Now you can get in. ([email protected]) Telegram +1 (323)-9 1 0 -1 6 0 5

  • 17.11.24 09:31 Vivianlocke223

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  • 19.11.24 03:06 [email protected]

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  • 19.11.24 03:07 [email protected]

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  • 21.11.24 04:14 ronaldandre617

    Being a parent is great until your toddler figures out how to use your devices. One afternoon, I left my phone unattended for just a few minutes rookie mistake of the century. I thought I’d take a quick break, but little did I know that my curious little genius was about to embark on a digital adventure. By the time I came back, I was greeted by two shocking revelations: my toddler had somehow managed to buy a $5 dinosaur toy online and, even more alarmingly, had locked me out of my cryptocurrency wallet holding a hefty $75,000. Yes, you heard that right a dinosaur toy was the least of my worries! At first, I laughed it off. I mean, what toddler doesn’t have a penchant for expensive toys? But then reality set in. I stared at my phone in disbelief, desperately trying to guess whatever random string of gibberish my toddler had typed as a new password. Was it “dinosaur”? Or perhaps “sippy cup”? I felt like I was in a bizarre game of Password Gone Wrong. Every attempt led to failure, and soon the laughter faded, replaced by sheer panic. I was in way over my head, and my heart raced as the countdown of time ticked away. That’s when I decided to take action and turned to Digital Tech Guard Recovery, hoping they could solve the mystery that was my toddler’s handiwork. I explained my predicament, half-expecting them to chuckle at my misfortune, but they were incredibly professional and empathetic. Their confidence put me at ease, and I knew I was in good hands. Contact With WhatsApp: +1 (443) 859 - 2886  Email digital tech guard . com  Telegram: digital tech guard recovery . com  website link :: https : // digital tech guard . com Their team took on the challenge like pros, employing their advanced techniques to unlock my wallet with a level of skill I can only describe as magical. As I paced around, anxiously waiting for updates, I imagined my toddler inadvertently locking away my life savings forever. But lo and behold, it didn’t take long for Digital Tech Guard Recovery to work their magic. Not only did they recover the $75,000, but they also gave me invaluable tips on securing my wallet better like not leaving it accessible to tiny fingers! Who knew parenting could lead to such dramatic situations? Crisis averted, and I learned my lesson: always keep my devices out of reach of little explorers. If you ever find yourself in a similar predicament whether it’s tech-savvy toddlers or other digital disasters don’t hesitate to reach out to Digital Tech Guard Recovery. They saved my funds and my sanity, proving that no challenge is too great, even when it involves a toddler’s mischievous fingers!

  • 21.11.24 08:02 Emily Hunter

    If I hadn't found a review online and filed a complaint via email to support@deftrecoup. com , the people behind this unregulated scheme would have gotten away with leaving me in financial ruins. It was truly the most difficult period of my life.

  • 22.11.24 04:41 [email protected]

    I never could have imagined the nightmare of losing access to my digital wallet. All of my cryptocurrency holdings were abruptly imprisoned, inaccessible, and appeared to be lost forever following a catastrophic hardware breakdown. Years of meticulous investment and careful saving were reduced to nothing more than strings of code that I could no longer control, and I could feel the dread and sorrow that swept through me at that very instant. Thankfully, during my worst moment, I came into (TRUST GEEKS HACK EXPERT), a professional service devoted to recovering lost or inaccessible digital data. With optimism, I went out to their team of skilled technologists, laying bare the full nature of my issue. What followed was a laborious, multi-step process that required an almost surgical level of digital forensics and Bitcoin skill. In order to create a thorough profile of my wallet's contents and activities, the (TRUST GEEKS HACK EXPERT) team first thoroughly examined the transaction history and metadata connected to it. Next, they implemented a series of advanced recovery techniques, using cutting-edge software tools to bypass the access barriers that had left me locked out. The entire process was shrouded in secrecy and discretion, with the (TRUST GEEKS HACK EXPERT) team working tirelessly to protect the confidentiality of my sensitive financial information. After what felt like an eternity of nervous anticipation, the day finally arrived when I received the triumphant notification – my wallet had been successfully restored, and all of my precious digital assets had been returned to my control. The sense of relief was indescribable, as I could finally breathe easy knowing that the fruits of my financial discipline had been safeguarded. While the experience of losing access to my wallet was undoubtedly traumatic, (TRUST GEEKS HACK EXPERT) intervention allowed me to emerge from the ordeal with my cryptocurrency holdings intact, and a renewed appreciation for the importance of proactive digital asset management. You can contact Them through EMAIL: [email protected] - TELEGRAM: TRUSTGEEKSHACKEXPERT

  • 22.11.24 15:26 cliftonhandyman

    Your Lost Bitcoins Are Not Gone Forever? Enquire From iBolt Cyber Hacker iBolt Cyber Hacker is a cybersecurity service that specializes in Bitcoin and cryptocurrency recovery. Even if your Bitcoin is locked away in a scammer inaccessible wallet, they have the tools and expertise to retrieve it. Many people, including seasoned cryptocurrency investors, face the daunting possibility of never seeing their lost funds again. iBolt cyber hacker service is a potential lifeline in these situations. I understand the concerns many people might have about trusting a third-party service to recover their Bitcoin. iBolt Cyber Hacker takes security seriously, implementing encryption and stringent privacy protocols. I was assured that no sensitive data would be compromised during the recovery process. Furthermore, their reputation in the cryptocurrency community, based on positive feedback from previous clients, gave me confidence that I was in good hands. Whtp +39, 351..105, 3619 Em.ail: ibolt @ cyber- wizard. co m

  • 22.11.24 23:43 teresaborja

    all thanks to Tech Cyber Force Recovery expert assistance. As a novice in cryptocurrency, I had been carefully accumulating a modest amount of Bitcoin, meticulously safeguarding my digital wallet and private keys. However, as the adage goes, the best-laid plans can often go awry, and that's precisely what happened to me. Due to a series of technical mishaps and human errors, I found myself locked out of my Bitcoin wallet, unable to access the fruits of my digital labors. Panic set in as I frantically searched for a solution, scouring the internet for any glimmer of hope. That's when I stumbled upon the Tech Cyber Force Recovery team, a group of seasoned cryptocurrency specialists who had built a reputation for their ability to recover lost or inaccessible digital assets. Skeptical at first, I reached out, desperate for a miracle. To my utter amazement, the Tech Cyber Force Recovery experts quickly assessed my situation and devised a meticulous plan of attack. Through their deep technical knowledge, unwavering determination, and a keen eye for detail, they were able to navigate the complex labyrinth of blockchain technology, ultimately recovering my entire Bitcoin portfolio. What had once seemed like a hopeless endeavor was now a reality, and I found myself once again in possession of my digital wealth, all thanks to the incredible efforts of the Tech Cyber Force Recovery team. This experience has not only restored my faith in the cryptocurrency ecosystem. Still, it has also instilled in me a profound appreciation for the critical role that expert recovery services can play in safeguarding one's digital assets.   ENAIL < Tech cybers force recovery @ cyber services. com >   WEBSITE < ht tps : // tech cyber force recovery. info  >   TEXT < +1. 561. 726. 3697 >

  • 02:21 [email protected]

    I never could have imagined the nightmare of losing access to my digital wallet. All of my cryptocurrency holdings were abruptly imprisoned, inaccessible, and appeared to be lost forever following a catastrophic hardware breakdown. Years of meticulous investment and careful saving were reduced to nothing more than strings of code that I could no longer control, and I could feel the dread and sorrow that swept through me at that very instant. Thankfully, during my worst moment, I came into (TRUST GEEKS HACK EXPERT), a professional service devoted to recovering lost or inaccessible digital data. With optimism, I went out to their team of skilled technologists, laying bare the full nature of my issue. What followed was a laborious, multi-step process that required an almost surgical level of digital forensics and Bitcoin skill. In order to create a thorough profile of my wallet's contents and activities, the (TRUST GEEKS HACK EXPERT) team first thoroughly examined the transaction history and metadata connected to it. Next, they implemented a series of advanced recovery techniques, using cutting-edge software tools to bypass the access barriers that had left me locked out. The entire process was shrouded in secrecy and discretion, with the (TRUST GEEKS HACK EXPERT) team working tirelessly to protect the confidentiality of my sensitive financial information. After what felt like an eternity of nervous anticipation, the day finally arrived when I received the triumphant notification – my wallet had been successfully restored, and all of my precious digital assets had been returned to my control. The sense of relief was indescribable, as I could finally breathe easy knowing that the fruits of my financial discipline had been safeguarded. While the experience of losing access to my wallet was undoubtedly traumatic, (TRUST GEEKS HACK EXPERT) intervention allowed me to emerge from the ordeal with my cryptocurrency holdings intact, and a renewed appreciation for the importance of proactive digital asset management. You can contact Them through EMAIL: [email protected] - TELEGRAM: TRUSTGEEKSHACKEXPERT

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