SEC vs Ripple: SEC Filed a Motion to Seal Summary Judgement Documents

On Dec. 22, 2022, Security and Exchange Commision (SEC) filed a motion to seal certain documents filed in connection with the Motions for Summary Judgment.

SEC Filed Motion

According to the filed motion, “the SEC’s requests for sealing relate to three categories of information. Firstly, names and other identifying information of the SEC’s experts and XRP investor declarants. Secondary, personal and financial information and finally internal SEC documents that may reflect debate and deliberation by SEC officials.”

The proposed redactions and sealing requests are appropriate because they are “necessary to preserve higher values,” and are “narrowly tailored to achieve that aim.” It must be noted that this filing is submitted to Judge Torres.

According to the first category of SEC filing, “One of the SEC Experts was subjected to extensive threats and harassment after his name was publicly disclosed.” In the second category “the SEC is also submitting proposed limited redactions in order to prevent disclosure of personal information, including financial information, of Defendants and certain third-parties.”

Meanwhile, in the third category, “the SEC seeks to seal internal SEC documents (and references to those documents in Defendants’ papers) that reflect nonpublic deliberations by SEC officials in connection with Director Bill Hinman’s June 2018 speech (the “Hinman Speech Documents”).”

However, Ripple community Attorney, Jeremy Hogan, made his response over the highlighted paragraph and wrote, “The SEC is STILL arguing that the Hinman emails are privileged despite losing that issue about 100 times already. Blows my mind. AND makes me recurious (is that a word?) about what is in them.”

Additionally, another community lawyer, Bill Morgan, noted that “SEC is arguing that they haven’t waived privilege against the world because they handed them to Ripple as ordered but under the protective order w/o giving up appeal rights.”

However, James K. Filan made an update as “Motion granted. Oral argument scheduled for January 30, 2023 at 3:00 p.m.”

It can be seen that the SEC vs Ripple case just clocked two years since it began in Dec. 2020. While the experts like Attorney Filan, expect to see a dispute resolution soon. As he predicted that Judge Torres would make her ruling on or before March 31, 2023.

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Source: https://www.thecoinrepublic.com/2022/12/24/sec-vs-ripple-sec-filed-a-motion-to-seal-summary-judgement-documents/