- Fox Declaration utilizes Ripple’s financial data to calculate prejudgment interest, sourced directly from Ripple’s documents.
- Legal precedent cited by the SEC suggests Ripple’s objections to the Fox Declaration may face similar dismissal.
The SEC rebuttal to Ripple’s motion regarding the expert witness declaration in the ongoing XRP lawsuit holds critical implications for Ripple and the wider cryptocurrency realm.
Let’s delve into the core aspects:
Ripple contests Andrea Fox’s declaration, deeming it unsolicited expert opinion. Conversely, the SEC contends that the declaration functions as a summary witness statement per Federal Rule of Evidence 1006. Its purpose is to aid the court in calculating prejudgment interest tied to Ripple’s financial records.
#XRPCommunity #SECGov v. #Ripple #XRP The @SECGov has filed its opposition to @Ripple’s Motion to Strike new expert materials. pic.twitter.com/qwVyGJI8ZS
— James K. Filan 🇺🇸🇮🇪 (@FilanLaw) April 29, 2024
The Fox Declaration employs Ripple’s financial and sales data to compute prejudgment interest on what the SEC terms “ill-gotten gains.” It relies on information directly sourced from Ripple’s documents, including audited financial statements and tax returns, to elucidate Ripple’s accounting practices for the court.
— James K. Filan 🇺🇸🇮🇪 (@FilanLaw) April 29, 2024
The SEC maintains that summary evidence, like the Fox Declaration, does not constitute expert testimony, citing legal precedents. Despite Andrea Fox’s professional background as an accountant, her declaration primarily entails basic arithmetic applied to Ripple’s financial data, rather than providing specialized expertise.
Drawing on past cases, the SEC highlights Judge Torres’s prior dismissal of similar objections in a separate SEC staff accountant’s declaration. This precedent suggests that Ripple’s objections to the Fox Declaration may encounter a similar fate, reinforcing the SEC’s stance.
Simultaneously, XRP’s market price experiences downward momentum, oscillating between intra-day highs and lows. This market volatility underscores uncertainty surrounding the ongoing legal proceedings and their potential repercussions for Ripple and XRP investors.
The SEC’s opposition underscores the intricate legal dynamics surrounding the XRP lawsuit and Ripple’s endeavors to contest the admissibility of expert witness testimony. The resolution of this dispute carries implications for Ripple’s legal status and the broader regulatory sector of the cryptocurrency domain.
