Regarding the Hinman emails and speech drafts: the SEC has requested for them to remain sealed, even after Judge Torres’ ruling on summary judgment. I believe the emails and speech drafts will be made public at some point, regardless of Judge Torres’ decision on whether to seal.
https://twitter.com/johnedeaton1/status/1637251787320066048
If Judge Torres cites to or relies on the emails/drafts in making her decision, I am 75% sure that she will declare them “judicial documents” and order that they be unsealed (but with limited redactions). But even if she doesn’t, the emails and drafts are going to be made public.
Why am I so confident? There will be more enforcement actions filed, including against @coinbase @kraken and @BinanceUS, IMO. I predicted the exchanges would be sued for selling securities last year. I still believe it’s coming. But even before that, other litigation is ongoing.
@dragonchain was sued and is in active litigation. #DRGN is an ERC20 token governed by the Ethereum Blockchain. You don’t think they will seek to get these emails and drafts to help with their defense? There are orders already in place that have denied any privilege claims.
Rumor has it that 2-300 projects have been issued subpoenas and dozens of companies have received Wells Notices. @EleanorTerrett reported Gensler has beefed up his crypto enforcement team - and that’s after doubling it last year!
Look what @bgarlinghouse said about the emails.
Look what @bgarlinghouse said about the emails.
https://twitter.com/bgarlinghouse/status/1583231464195338241
We will be shocked? If you have an ERC20 token, governed by the Ethereum Blockchain, like #DRGN, you want those emails. It is actually more relevant to your defense than Ripple’s defense. If you’re an exchange being sued you will 💯 request these emails.
The bottom line is with all this future litigation, these emails will make it to the public. Of course, @CecereCarl filed a motion on behalf of @RoslynLayton to have these emails and drafts made public. I sent a FOIA request and intend to litigate it. The truth will see daylight.
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