Fred Rispoli Profile picture
Attorney | Litigator | Trial Lawyer | Counselor Providing legal services in all things crypto (and some medical malpractice and nursing home abuse cases)
Mar 26 11 tweets 2 min read
#XRPcommunity The SEC's motion for judgment has been publicly filed. TLDR: @SECGov is following the playbook I outlined two months ago. @digitalassetbuy @DigPerspectives @MetaLawMan @attorneyjeremy1 @JohnEDeaton1 @BCBacker @TheReaperCoin @RuleXRP
1/10
Legally, not much in here that we didn't already guess. Factually, this is a very important motion. I'll take it from what I think is most important to least. First--credit to SEC--it realized that it needs to show how investors were actually harmed. @ripple @s_alderoty...2/10
Nov 22, 2022 9 tweets 3 min read
The SEC will continue its march towards domination of crypto unless stopped. After 14 years, Congress is not stopping it. Other gov agencies aren’t stopping it. The industry leaders (except a few) aren't stopping it. Sickeningly, some “leaders” are facilitating the SEC. 1/7 But this is America, damn it. The people still matter. You still matter. After Madoff, after Enron, after the Great Financial Crisis, the SEC continues to fail at a near constant rate everyone except its cronies. Worse, with regard to crypto, the SEC has compressed 20 years...2/7
Nov 11, 2022 6 tweets 3 min read
@attorneyjeremy1 @Belisarius2020 @JohnEDeaton1 @MoonLamboio @digitalassetbuy @DigPerspectives @MarketsMickle This NEIS amicus is really interesting to me for a few reasons. First--as pointed out--this entity has no involvement in crypto at all. Looking at its history...1/6 ...it really only gets involved in cases as amicus when sports gambling issues are at play. So why is it getting involved here? @xrpwhitefox87 pointed to a complaint by the SEC against NSEI. I looked it up. NSEI just settled in Sept, with the only issue left...2/6
Oct 21, 2022 10 tweets 3 min read
My thoughts on the emails being released:

The first point is that @SECgov appears to be entering the final Stage of Grief: Acceptance. I’m surprised it did not request an appeal on the email issue bc that was a free automatic delay—just asking and ultimately not even...1/10 …filing a brief and risking bad precedent would have bought an extra 30-60 days. But it really would have pissed off the Court so that’s probably why SEC ultimately folded on this front. As to the emails themselves? Expect them—or a reference to them—to appear in Ripple’s...2/10
Sep 29, 2022 5 tweets 3 min read
#XRPCommunity Thoughts on a wonderful win: 1st, although expected given the high burden @SECGov needed to carry, this win was amazing given J. Torres was making me sweat (but not @attorneyjeremy1 who called end of September!). 2nd, we have more context of J. Torres'...1/5 ...judicial temperament in this case, and it does not bode well for @SECGov. The writing is on the wall, but I'm still not sure if the SEC has the literacy level to read it. J. Torres telegraphed how she will evaluate the MSJ papers and case law and it's not in SEC's favor. 2/5
Sep 27, 2022 22 tweets 9 min read
#XRPcommunity It was delayed, but I’ve been ½ in celebration mode and ½ in getting lawsuit against SEC ready mode, but here is my analysis on Ripple’s MSJ. TLDR is to watch @attorneyjeremy1‘s video. I will attempt to only add new analysis here (apologies for duplication). 1/22 Not what I expected, and it seems the other attys were likewise surprised. SoloMAN went right to the heart of the matter and made this as basic as possible. Normally I’m not a fan of citing case law more than 100 years old, but I get the reasoning. It will be interesting…2/22
Sep 16, 2022 6 tweets 2 min read
Friends, Phase I of the trial I have been in since 9/1 ended yesterday (the most important phase)--and we won! It is highly probable/reasonably certain (inside joke for all trial lawyers) that I was just lucky given the insane procedural hurdles stacked against...1/6 ...my client in this medical malpractice case. But that just goes to show that one should never give up no matter the odds. I also want to say I am eternally grateful to all of you that wished me well and/or prayed on my behalf. I will share details at a future point, but...2/6
Jul 19, 2022 5 tweets 2 min read
Still waiting on SEC's filing but so far...1st, J. Torres is not going to reverse her amici ruling. SEC's backhanded reconsideration motion: DENIED. 2nd, did Ripple team forget what the motion is about? Providing Mr. Doody's report to amici to participate in Daubert...1/4 ...motions, yet Ripple team explicitly took no position on that (though did say it wants amici in dispositive stage). Weird. 3rd, nice job on the first 2 arguments--tell Court defendants threatened as well, and remind Court of multi-billion dollar pain inflicted on everyday...2/4
Jul 14, 2022 6 tweets 2 min read
WOW! OMG! LFG! IOEA!

I'm now aware of 7 of Ripple's expert witnesses. It's like looking at the 1992 Dream Team (which not only won gold, but massacred every opponent on the way there). Every one was meticulously chosen to address a highly specialized area of this case and...1/6 ...specifically to avoid overlap with their "teammates" to avoid Daubert challenges. The foresight of the Ripple legal team is...inspiring. Every. Single. Box. Checked. And I still don't know the other 3 (but have some good ideas). But I can't tell #XRPCommunity about any...2/6
May 18, 2022 15 tweets 4 min read
Here we go on my thoughts on the RFA motion! TLDR is that SEC has nothing--NOTHING--to defeat FN defense which will play right into SEC losing on the security issue. 1/15
@Belisarius2020 @attorneyjeremy1 @JohnEDeaton1 @XRPArmyNews1 @JayVTheGreat @JTXRP_AGWJames There are 3 types of written discovery: RFAs, NUIs and RFPs. RFAs (requests for admission) are important because admissions become undisputed facts—and failure to answer is deemed an admission. A party uses RFAs to force the other side to take a position. 2/15
Apr 30, 2022 4 tweets 3 min read
Very interesting development in the Ripple case happened this past Thursday...in the civil case in Oakland. I keep telling you not to sleep on that one!
#XRP #XRPCommunity Lawyers would love to hear your thoughts...@FilanLaw @Belisarius2020 @JohnEDeaton1 @attorneyjeremy1 1/4 Wisely IMO, plaintiff's counsel is letting the SEC case play out to conserve time and money (you know, the opposite of what SEC is doing), but there was a big discovery dispute decision on 4/28. Plaintiffs want all discovery from SEC case handed to them by Ripple and Ripple...2/4
Apr 28, 2022 5 tweets 2 min read
J. Torres order from @FilanLaw is great news and has changed my timeline estimates. Remember, litigation changes fast, so new facts = new evaluation. First, I love how J. Torres didn't rubber stamp the timeline proposed by the parties. I did not expect that at all. 1/5 Second, settlement before SJ has now increased to a 50% probability from 20% for me. Why? J. Torres ROCKETED up the expert witness motion deadline. It was proposed to be same as SJ schedule by parties. This is critical because expert testimony will account for 75% of how...2/5
Apr 15, 2022 15 tweets 3 min read
Update time: We’ve received an enormous number of responses from prospective class members interested in signing up for the class. The supportive comments in the emails are extremely encouraging so, again, thank you. 1/15 Nearly my entire attorney career has been dedicated to fighting for clients whose lives are devastated by terrible abuse and neglect. Here, we seek to establish a class of XRPL Network Users, which means those people are in the forefront of my mind at all waking hours. 2/15
Apr 14, 2022 12 tweets 4 min read
Second, very heartwarming to see some of you help defend against the trolls. While appreciated, please don't feel obligated. I am a litigator, and I've been through much, much worse battles than Twitter hate. Third, HOMER and WILLY. Biggest VALID criticism to date. Let me say that those two names were much, much worse in the original draft! The names HOMER and WILLY match the respect level these two deserve, but I am going to amend the complaint to revert to CLAYTON and HINMAN...
Apr 13, 2022 20 tweets 11 min read
#XRPArmy I promise you're going to want to read this until the end. 1/20
@digitalassetbuy @DigPerspectives Those within the ranks are intimately aware of the corruption within a government entity that USED TO BE founded on principles of justice, and protection of individual rights. We also know--only now--that so many insiders knew of the corruption; 2/20
@MarketsMickle @jungleincxrp