The Fox Declaration relates to SEC expert witness Andrea Fox, a declaration form, and two accompanying exhibits. Andrea Fox is an accountant in the SEC enforcement division.
Ripple argued that Andrea Fox gave expert testimony regarding Ripple’s accounts and appropriate penalties for XRP sales to institutional investors. The SEC should have disclosed the identity of the expert witness and her testimony during discovery.
Ripple also highlighted that the SEC stated Fox was a summary witness, not an expert witness. Summary witnesses do not offer new information.
The SEC opposed the motion. Moreover, the parties agreed for Ripple to propose the SEC have five business days to file an opposition brief to the Ripple motion. The proposal would give Ripple three business days to submit a reply brief.
The latest Court filing and SEC legal maneuvers could draw more scrutiny than usual.
SEC vs. Debt Box: Lawyers Resign
On Monday, news hit the wires of two SEC lawyers stepping down. The lawyers were involved in the SEC vs. Debt Box case.
In March, Judge Robert J. Shelby denied an SEC Motion to Dismiss the charges against Debt Box. In the court ruling, Judge Shelby highlighted the SEC’s abuse of the judicial process, concluding the SEC engaged in bad faith conduct.
The SEC filed the Motion to Dismiss in response to a court order in December, where Judge Shelby ordered the SEC to present arguments against the court sanctioning the SEC for making false and misleading representations in court.
The resignations coincided with the Ripple motion that called the SEC’s attempts to sandbag. Investors await a court response to the Ripple motion.
A court ruling in the SEC vs. Ripple case could impact the SEC plans to appeal against the Programmatic Sales of XRP ruling. The SEC could face more intense scrutiny if Judge Sarah Netburn raises concerns about the SEC’s inclusion of expert testimony after discovery.
XRP Price Action
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