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Expert Discovery Deadline Pushed Back A Month


RobertHarpool

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There is a lot that Ripple won't get. I'm disappointed. I don't understand how they can drag this out like this. At this point I am not feeling hopeful anymore. I honestly don't think the judges will rule in our favor. I'm starting to feel like this investment is f!cked. I am pissed. I thought there would be some form of justice for retail. Doesn't seem likely 

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2 hours ago, RipMcGillicuddy said:

Ok ok ok...seem to be some juicy things in there. Valerie Szepanick is now in the spotlight, and the email chain containing the draft of Hinman's speech must be turned over. Juicy juicy! 

What's interesting, is now excluding those notes and emails under claims of DPP is not possible

It was all just a team effort to craft Hinman's "opinion" 

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1 hour ago, Cambridge said:

There is a lot that Ripple won't get. I'm disappointed. I don't understand how they can drag this out like this. At this point I am not feeling hopeful anymore. I honestly don't think the judges will rule in our favor. I'm starting to feel like this investment is f!cked. I am pissed. I thought there would be some form of justice for retail. Doesn't seem likely 

Remember, Ripple's primary defense is that XRP is not, in fact, a security. This defense doesn't depend on any of the shenanigans at the SEC, but the nature of XRP and how it relates to securities laws.

Ripple's secondary defense is the fair notice defense. This is where all that knowledge of what's going on at the SEC is useful. I think this gets the focus because it's an easier win, but it comes with a lot less long-term security. It's basically a ruling that the SEC could make cryptos securities in the future if it gets it's act together and issues clear regulations.

Honestly, Ripple winning on their primary defense is the big prize. From the very beginning, Ripple thought everything through and did everything they could to create XRP in such a way that it wouldn't fulfill the requirements to be a security. That doesn't necessarily mean that they succeeded (we'll find out eventually), but almost no one other coin was created in such a way to protect themselves from American securities laws. It would be a huge win for Ripple; they would have basically slipped through the door and closed it tight behind them so others couldn't follow.

Personally, I've stopped caring about securities laws. 99% of DeFi is securities according to American law. For the first time ever, the financial tools that were only available to the rich are available to everyone and the US government is blocking Americans from this opportunity, leaving the ones who dare to tread into DeFi unprotected from the actual thieves and malicious actors. It's downright evil.

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1 minute ago, RobertHarpool said:

I don’t see how ANY of the docs are protected if ‘it’s always been clear’ that XRP is a security. 

that’s the exact same double talk from the SEC that Hinman’s speech was his opinion and yet still protected. 
 

boooo! 

If it's "all perfectly clear" then there's no need for "deliberation" of anything !

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  • 2 weeks later...

Problem for Ripple is that Fair Notice will be judged first, before the case proper, and that makes it impossible to continue the case to final judgement (that's how I understand it?).  Deaton and Hogan have both given the opinion a win on fair notice is everything Ripple needs; it does not seem to bother them much that the SEC could start another case against Ripple later.

One thing that is coming across is that Ripple are not allowing this case to be ended with SEC giving Ripple a slice of fudge cake, they are determined that the ruling/settlement must give clarity.

I guess what is a crypto security and what is not a crypto security is going to go to congress to sort out.

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4 hours ago, Julian_Williams said:

Deaton and Hogan have both given the opinion a win on fair notice is everything Ripple needs


Thats something I’ve been wondering about.  Say they win on fair notice.  How does that add clarity?

I don’t follow this enough to have seen if that is explained anywhere.

 

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6 hours ago, BillyOckham said:


Thats something I’ve been wondering about.  Say they win on fair notice.  How does that add clarity?

I don’t follow this enough to have seen if that is explained anywhere.

 

It doesn't. Fair notice would mean Ripple is innocent for everything up until some point in the future where the SEC clarifies its regulations so that an ordinary person can understand them. 

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5 minutes ago, brianwalden said:

It doesn't. Fair notice would mean Ripple is innocent for everything up until some point in the future where the SEC clarifies its regulations so that an ordinary person can understand them. 


Yes that is how I viewed it too.  Since Ripple have stated that they want the case to achieve clarity in the market,  if they win on fair notice nothing has changed except XRP got whacked.

My hope is that a fair notice win possibility will scare the SEC into settling with Ripple and as part of the agreement, provide that clarity that currently is lacking.

A dismissal on fair notice alone would be a bit of a damp squib for us I think.

 

Edited by BillyOckham
Removed typos
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