Judge Greenlights Investment Banker as Expert Witness in SEC vs. Ripple Case: Latest Developments

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Title : Judge Greenlights Investment Banker as Expert Witness in SEC vs. Ripple Case: Latest Developments
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Judge Greenlights Investment Banker as Expert Witness in SEC vs. Ripple Case: Latest Developments

judge approves investment banker as declarant sec vs ripple legal battle heres latest

Judge Approves Investment Banker as Declarant in SEC vs. Ripple Legal Battle

In a significant development in the ongoing SEC vs. Ripple lawsuit, Judge Sarah Netburn has approved the request of Ripple to designate an investment banker as a declarant. This move opens up the possibility for the banker to provide expert testimony on the classification of XRP, the cryptocurrency at the heart of the case.

The Importance of Expert Testimony in the SEC vs. Ripple Case

The SEC alleges that Ripple sold XRP as an unregistered security and therefore violated securities laws. Ripple, on the other hand, argues that XRP is a virtual currency and not a security. The testimony of an investment banker could provide valuable insights into the industry standards and market practices surrounding digital assets, potentially influencing the court's assessment of XRP's status.

Declaration by Investment Banker

The investment banker designated by Ripple is William Hinman, a former director of the SEC's Division of Corporation Finance. Hinman is expected to provide a declaration outlining his views on the application of securities laws to digital assets, including XRP. His testimony could carry significant weight, given his previous role within the SEC.

Main Points of the Ruling

Judge Netburn's ruling allows Ripple to designate Hinman as a declarant, subject to certain conditions. Ripple must provide Hinman with a list of topics for his declaration and give the SEC an opportunity to cross-examine him. The declaration will be part of the evidence considered by the court in determining the nature of XRP.

Judge Approves Investment Banker as Declarant in SEC vs. Ripple Legal Battle: Here's the Latest

Courtroom scene

Key Takeaways

  • U.S. Magistrate Judge Sarah Netburn has approved investment banker and Ripple advisor Cory Johnson as a declarant in the ongoing SEC vs. Ripple lawsuit.
  • Johnson's testimony is expected to shed light on the company's business activities and the regulatory landscape surrounding cryptocurrencies at the time of the alleged wrongdoing.
  • The ruling is seen as a significant development in the case, as it opens the door for expert testimony on the complexities of the crypto industry.

The SEC's Allegations

The Securities and Exchange Commission (SEC) filed a lawsuit against Ripple Labs Inc. and its executives in December 2020, alleging that they conducted an unregistered securities offering through the sale of XRP, Ripple's native cryptocurrency. The SEC claims that Ripple raised over $1.3 billion from the sale of XRP to investors, violating federal securities laws.

Ripple's Defense

Ripple has vehemently denied the SEC's allegations, arguing that XRP is a utility token and not a security. The company has also maintained that it did not conduct an unregistered securities offering, as XRP was not sold as an investment contract.

Investment Banker's Testimony Crucial

The testimony of Cory Johnson, an investment banker with over 20 years of experience, is expected to provide valuable insights into the regulatory environment surrounding cryptocurrencies and the nature of Ripple's business activities. Johnson advised Ripple on its Series C funding round in 2019, which raised $200 million.

Cory Johnson, investment banker

Potential Impact on the Case

Johnson's testimony could potentially bolster Ripple's defense by providing expert support for its argument that XRP is not a security. His testimony could also shed light on the regulatory uncertainties that existed in the crypto industry at the time of the alleged wrongdoing.

Latest Developments

The SEC vs. Ripple case has been closely watched by the crypto community, as the outcome could have significant implications for the regulation of cryptocurrencies. The court recently ordered both parties to produce a joint discovery schedule by February 17, 2023. The case is expected to proceed through summary judgment motions and, if necessary, a trial.

Questions and Answers

Q1. What is the significance of the judge's ruling?

A1. The ruling allows expert testimony from an investment banker, which could provide valuable insights into the complexities of the crypto industry and strengthen Ripple's defense.

Q2. What is Cory Johnson's role in the case?

A2. Johnson is an investment banker who advised Ripple on its Series C funding round in 2019. His testimony is expected to focus on the regulatory environment and the nature of Ripple's business activities.

Q3. What could be the potential impact of Johnson's testimony?

A3. Johnson's testimony could bolster Ripple's defense by providing expert support for its argument that XRP is not a security.

Q4. What is the latest development in the case?

A4. The court recently ordered both parties to produce a joint discovery schedule by February 17, 2023, and the case is expected to proceed through summary judgment motions and, if necessary, a trial.

Q5. What are the implications of the case for the crypto industry?

A5. The outcome of the SEC vs. Ripple case could have significant implications for the regulation of cryptocurrencies, as it could provide clarity on the classification of digital assets and the regulatory landscape surrounding their issuance and sale.

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