James K. Filan 🇺🇸🇮🇪 Profile picture
Defense lawyer. Former federal prosecutor. Not legal or financial advice. I’m not your lawyer. I won't ask you to DM me. I have no other social media accounts.
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Apr 29, 2022 • 9 tweets • 3 min read
#XRPCommunity #SECGov v. #Ripple #XRP 1/ I have a few thoughts on the scheduling order. A couple of weeks ago I said that I thought briefing would start in July and end in November. That’s where Judge Torres ended up, but only because that was the schedule that worked best for 2/ the Court. Separate schedules were set for the motions challenging experts and for the Summary Judgment motions. That is important because of the “6 Month Rule,” which incents Judges to decide motions within 6 months after they are filed (the clock on the rule actually starts
Apr 28, 2022 • 6 tweets • 2 min read
#XRPCommunity #XRP via @RonwHammond "House Agriculture Committee ranking member G.T. Thompson (R-Pa.) is linking up with a member of the Congressional Progressive Caucus on a bill that would give the CFTC direct oversight over a huge swath of the crypto spot market. Rep. Ro Khanna (D-Calif.) . . . signed on to sponsor pending legislation that would clear a path for the CFTC to take jurisdiction over large parts of the crypto marketplace; treating digital exchanges similarly to designated contract markets
Apr 20, 2022 • 18 tweets • 4 min read
#XRPCommunity #SECGov. v. #Ripple #XRP 1/ A SUMMARY JUDGMENT TIMELINE. I’m seeing a lot of discussion of timing projections for the filing of summary judgment motions and a decision on the motions. I thought I would weigh in because Judge Torres has a particular and very 2/ complicated process that must be completed before the motions for summary judgment can even be filed. The point of this thread is to help you understand that this is a longer process than you may realize.
Apr 11, 2022 • 6 tweets • 2 min read
#XRPCommunity #SECGov v. #Ripple #XRP BREAKING: The Court has denied the SEC's Motion for Reconsideration of the DPP Ruling and granted the SEC's request for clarification of that ruling.

dropbox.com/s/34z4vvi8zyjo… "The SEC has identified no intervening change of controlling law or any other controlling decisions unaddressed by the Court’s January 13, 2022 Order."
Apr 8, 2022 • 4 tweets • 2 min read
#XRPCommunity #XRP @EMPOWR_us scored some extraordinary emails regarding Bill Hinman, including one that shows that Hinman was warned that he has "a bar under the criminal financial conflict with Simpson because you have an ongoing financial interest in the firm." Image "Meeting with them while having such a conflict is not permitted. As we discussed during your briefing - even calls with them are not permitted. It's also a serious optics issue - you can't be seen to be granting special access to a firm you have a financial interest in."
Feb 18, 2022 • 6 tweets • 3 min read
#XRPCommunity #XRP #SECGov v. #Ripple #XRP BREAKING: BELOW ARE THE TWO LEGAL MEMOS THAT HAVE NOW BEEN UNSEALED.

dropbox.com/s/j3ei8s01n0kt…

dropbox.com/s/fnwww4xuu1vj… 1/5 Overall favorable to Ripple and the Individual Defendants. Both memos are from Perkins Coie. The first memo was prepared in February 2012 and sent to Jed McCaleb and Jesse Powell. It says that if NewCoin is sold in what now would look like an ICO
Jan 12, 2022 • 7 tweets • 3 min read
#XRPCommunity #SECGov v. #Ripple #XRP Due to complications related to COVID, the parties have filed a joint letter requesting until February 28, 2022 to complete expert discovery, stating that the extension, if granted, will not “impact any other deadline in the case.” My belief is that before filing this motion the parties agreed to specific dates for every remaining expert deposition, far enough out that they believe COVID won’t be a problem, so that they could say to the Court that all expert discovery would be completed by February 28th.
Jun 25, 2021 • 5 tweets • 2 min read
#XRPCommunity #SEC_News v. #Ripple #XRP 1/5 What a convoluted and contradictory motion to quash. First, Hinman gives a pass to ETH in what is arguably the most impactful speech on digital currencies at the time as well as in Hinam’s career at the SEC. 2/5 Second, the SEC says Hinman held a position of “critical importance” to the SEC’s operations. Third, the SEC then says “Director Hinman Has No Unique, First-Hand Knowledge of Market Participants’ Understanding as to the Regulatory Status of XRP Offers and Sales.”
May 17, 2021 • 4 tweets • 2 min read
1/4 #XRPCommunity #SEC_NEWS v. #Ripple #XRP The #SEC_NEWS has filed another objection to the Motion to Intervene. The SEC's mission statement is among other things to "protect investors." The SEC has argued from the beginning of this enforcement action that XRP is a security, 2/4 thereby arguing that XRP holders are actually XRP "investors." In its latest filing, it attacks XRP holders. It says "[b]ecause Movants are not seeking to appear as objective “friends of the court,” but rather to advance their own interests—to pursue claims against the SEC
Apr 8, 2021 • 10 tweets • 2 min read
1/10 This is what Coinbase said in its S-1/A (Registration statement) filed (2021-03-17) regarding its determinations whether a crypto asset is a “security.” I found It interesting and informative.

“We have policies and procedures to analyze whether each crypto asset that 2/10 we seek to facilitate trading on our platform could be deemed to be a “security” under applicable laws. Our policies and procedures do not constitute a legal standard, but rather represent our company-developed scoring model, which permits us to make a risk-based assessment
Mar 22, 2021 • 6 tweets • 5 min read
#SEC v. #Ripple #XRPCommunity SEC Opposition to Letter Motion to Compel filed March 22, 2021