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Attorney Jeremy Hogan Highlights Recent Big Blunder that Could Hurt SEC in Favor of Ripple and XRP


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According to Hogan, the SEC made a big blunder for saying Hinman’s comments about Ethereum could be relied upon as guidance. He said this implies that the regulator is backtracking its previous argument on the fact that Hinman’s comments were his personal opinion.

Hogan further pointed out that the last-minute decision could hurt SEC and favor Ripple Labs. He pointed out that the decision could make the Judge change her position on the fact that Hinman’s comments were his personal opinions.

Jeremy Hogan noted:

“The speech – itself and the many drafts and comments by SEC staff across different SEC divisions and offices deliberating the agency’s approach to the regulation of digital assets – show that Director Hinman and other SEC staff used the speech to provide public guidance as to how [Hinman’s division] would apply the federal securities laws to offers and sales of digital assets including Ether.

“Indeed, SEC regulations provide that Director Hinman’s public statements could be relied upon as representing the views of Corp Fin, the division he led…

“In litigation, you have to have your strategy, your theory of the case or the theory of the issue that you are arguing, and you have to stick with it. In a DUI (driving under influence) defense case, for example, your legal position may be that your guy had been drinking, but was not impaired. If that is your position, you get your client straight on it, and you do not waiver. If he gets up on the stand and says ‘Well, now that I think about it, I don’t think I drank that night,’ you are screwed…


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