As a long-term crypto investor with experience in following regulatory developments, I’m closely monitoring the legal proceedings between Ripple and the SEC. The recent disagreement over the classification of Andrea Fox’s testimony as expert or summary evidence could potentially impact the outcome of this high-stakes case.


TL;DR

    Ripple contests the SEC’s classification of the “Fox Declaration” as standard evidence, arguing it’s expert testimony, which affects the legal proceedings.
    Predictions suggest a possible $100 million settlement in case, potentially impacting XRP’s value and the broader crypto market.

Ripple Strikes Back

As a crypto investor following the developments between Ripple and the SEC closely, I’ve noticed an escalation in their legal dispute. The disagreement revolves around the testimony of a crucial witness, Andrea Fox, whose statement, commonly referred to as the “Fox Declaration,” remains contested by both parties. They can’t seem to reach a consensus on its interpretation and significance for their case.

At first, the corporation contended that the testimony was an unasked-for professional viewpoint, whereas the regulatory body referred to it as “routine evidence to back up calculations for penalties.”

The Commission asserted that the “Fox Declaration” comprises data drawn from documents produced by Ripple itself, such as tax records and financial reports, which are valuable in reaching a decision regarding this case.

Lately, the company submitted a new letter to reinforce its previous petition. In this document, they argued that the SEC had not sufficiently proven that the “Fox Declaration” falls under the category of summary evidence instead of expert testimony.

“Fox is considered an expert due to her claim of possessing technical or specialized knowledge that aids the judge or jury in interpreting the evidence and deciding factual disputes. She goes beyond simple arithmetic calculations when examining Ripple’s financial records, contrary to the SEC’s argument.”

Rather, she analyzes Ripple’s records, third-party evidence, and expert reports; draws inferences and conclusions about those documents; and calculates disgorgement, prejudgment interest, and discount amounts based on her analysis.”

As a crypto investor following the latest developments in this case, I’d like to share my perspective on an argument made by the company. They claimed that even if Andrea Fox was considered a summary witness instead of an expert, the Securities and Exchange Commission (SEC) still failed to disclose her before the end of the discovery process. In simpler terms, they believed that the SEC should have introduced this witness earlier in the investigation for fairness in the proceedings.

Ripple argued that the testified evidence should be disregarded when reaching a decision in the case.

Is a Settlement on the Horizon?

As a researcher, I’ve been closely following the Ripple v SEC case, and while the trial has commenced, the outcome remains uncertain. It’s still unclear when the case will officially be closed or if both parties will reach an agreement. One legal expert who anticipates the latter scenario is American attorney Jeremy Hogan. He believes that the lawsuit could come to a conclusion this summer, potentially resulting in a $100 million settlement.

“I propose that the judge will not grant disgorgement to the SEC but will impose a penalty of $100 million on Ripple instead.”

Recall that the watchdog sought a $2 billion fine on the company alleging XRP sales violations. The latter insisted that the penalty should not exceed $10 million.

In the event of a favorable decision for Ripple in the ongoing case, the price of its native token and the crypto market as a whole could experience a significant surge. Conversely, an unfavorable outcome for Ripple could negatively impact the crypto sector.

For those eager to gain a deeper understanding of the intricacies of the prolonged legal case affecting XRP and its repercussions, please check out the informative video we’ve prepared specifically for you below.

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2024-05-03 11:30