XRP SEC Case: In response to the SEC’s brief on remedies, Ripple has submitted an opposition. They argue that the court should reject the SEC’s demands for a permanent injunction, requiring the return of ill-gotten gains, and pre-judgment interest. Instead, they suggest that if the court finds in their favor, a civil penalty of up to $10 million would be sufficient. No evidence of fraud or recklessness has been presented by the SEC.
The crypto company additionally requested the court to dismiss an expert witness recently presented by the SEC in their argument for remedial actions. They argued that the SEC had breached the court’s rules and relevant laws during this process.
Ripple Files to Strike Off Fox Judgment in SEC’s Remedies Brief
In a court submission to Magistrate Judge Sarah Netburn, Ripple asked to dismiss the new expert evidence presented by the SEC in their arguments for remedies and final judgment. The SEC added an expert declaration by Andrea Fox, along with two accompanying exhibits, referred to as the “Fox Declaration,” after the deadline for exchanging discovery materials related to remedies.
Ripple argues that the SEC breached court procedures by late submission and filing without full disclosure. In the Fox Declaration, there is detailed accounting analysis and significant recommendations for remedies. However, the SEC failed to make this information public on March 22, a month after the deadline for remedies discovery had passed. The SEC classified Fox as neither a fact nor an expert witness, but rather as a summary witness.
The SEC missed the court’s deadline for submitting discovery materials, which could lead to further delays if remedies are reopened and briefs need to be resubmitted. This may cause harm or disadvantage to Ripple.
Lawyers View on the Motion and End Dates
Bill Morgan, a lawyer supporting Ripple, expressed that Ripple’s argument holds merit and argued against granting disgorgement if it results in profits for investors. He suggested that Judge Torres might back Ripple’s application of the Govil case, resulting in no disgorgement. Additionally, Morgan emphasized the significance of striking the Fox declaration as evidence used by the SEC to demonstrate financial harm to certain institutional buyers. If successful, Ripple could potentially secure a favorable ruling on remedies.
Lawyer James Murphy, also known as MetaLawMan, informed the SEC that they would have until May 6th to submit their final arguments regarding damages. Following Judge Torres’ decision, Murphy anticipates a relatively swift ruling, estimating it to be handed down within 60 to 90 days after the last brief has been filed.
According to attorney Jeremy Hogan, we can expect the “Remedies Case” in the ongoing Ripple vs. SEC lawsuit to be concluded by the end of this summer. However, if appeals are filed, the legal proceedings may last into the following year.
XRP’s price hovers around $0.55, marking a nearly 3% climb over the past 24 hours. The lowest and highest points during this period were $0.531 and $0.569 respectively. Moreover, there has been a significant surge of 46% in trading volume within the last 24 hours, suggesting heightened investor attention.
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2024-04-23 13:05