Ripple Recordsdata New Motions Difficult SEC’s Final-Minute Skilled Testimony

• Ripple challenges SEC’s last-minute skilled testimony, alleging procedural violations.
• Ripple’s authorized group accused the SEC of “sandbagging,” a observe prohibited by Federal Rule of Civil Process.
• Ripple urged the courtroom to strike the Fox Declaration and any mentions of it within the SEC’s treatments movement.

Ripple has filed a movement to strike the brand new skilled supplies submitted by the U.S. Securities and Trade Fee (SEC) in help of its movement for treatments and entry of ultimate judgment. Outstanding protection lawyer James Filan known as consideration to this newest SEC vs. Ripple drama in a latest submit on X.

Notably, Ripple filed the movement with Decide Sarah Netburn of the U.S. Justice of the Peace Court docket of the Southern District of New York. The crux of Ripple’s argument lies within the timing and nature of the SEC’s submissions. 

Ripple contended that the SEC’s latest filings, that includes the declaration of Andrea Fox, an assistant chief accountant of the SEC, and accompanying reveals, had been premature and failed to stick to procedural guidelines mandating disclosure throughout discovery.

Consequently, Ripple’s authorized group accused the SEC of “sandbagging,” a observe prohibited by the Federal Rule of Civil Process. In line with Ripple, the SEC’s delayed disclosure of skilled witness testimony and evaluation on Ripple’s accounts and XRP gross sales penalties to institutional buyers violates the ideas of truthful litigation.

Central to Ripple’s objection is the assertion that the SEC portrayed Andrea Fox as a mere “abstract witness” fairly than an skilled witness, downplaying the importance of her testimony. Ripple argued that such characterization belies the substantive nature of Fox’s contributions, which Ripple claims ought to have been disclosed through the discovery part.

Primarily based on the circumstances, Ripple urged the courtroom to strike the Fox Declaration and any mentions of it within the SEC’s Treatments Movement. 

Moreover, throughout discussions between the events regarding this movement, an settlement was reached to counsel that the SEC be granted 5 enterprise days to submit a letter in opposition. Accordingly, Ripple can have three enterprise days to reply.