Ripple asserts that the SEC has "disregarded" Netburn's discovery order and "ignored the Court's directive to meet and confer in good faith on the scope of production" of these documents.
"On 4/14 the SEC admitted that it had responsive documents, but told Defendants that it needed more time to consider its final position as to whether and what internal documents it would produce...."
"...A few hours before the parties’ scheduled meet-and-confer, the SEC instead filed its letter claiming that, under the terms of the Court’s Order, it could refuse to produce any and all internal agency communications."
"The Court should reject this misreading of its Order and direct the SEC promptly to produce responsive internal documents."
"If senior decision makers such as Mr. Clayton or former Director Hinman expressed doubts about the status of cryptocurrencies, or if their staff expressed such doubts through “memos being sent up to higher-ranking officials,” Defendants should have access to those memos..."
"...to rebut the SEC’s allegation that they were reckless – not mistaken, or even negligent, but reckless – in believing that XRP was not a security."
"And though neither the Court nor Defendants can know what the SEC’s memoranda say before seeing them, the agency’s heated refusal to even search for (or discuss) turning over materials it now admits exist is itself a basis to infer they are relevant to the defense of this case."
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"Regardless of the outcome of the @Ripple case, it is clear that the SEC, Clayton, and Hinman should not have hijacked the policy process by taking advantage of a vacuum of clear boundaries on how far agencies can stick their noses into these issues." (1/7)spectator.org/crypto-regulat…
(2/7) "This is especially important given what both Clayton and Hinman were doing before they came to the highest levels of the SEC and what they’ve been doing since they left public service."
(3/7) "Clayton works for One River Digital Asset Management, an investment hedge fund focused exclusively on the two cryptocurrencies he helped at the SEC — Bitcoin and Ether."
Berger's last big act before leaving the SEC was filing the Ripple lawsuit, which led to delisting/suspension of #XRP on exchange platforms and panic-selling by retail holders. (2/4) forkast.news/sec-ripple-law…
Simpson Thacher sits on the Ethereum Enterprise Alliance, took the biggest Chinese mining equipment company public, and paid William Hinman $1.6M/yr while he was SEC Dir of Corp Finance announcing that #ETH was not a security. (3/4) valuewalk.com/regulatory-fra…