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SEC Files Opposition to Ripple’s Motion to Strike Expert Data

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7 months ago

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The Securities and Exchange Commission (SEC) has filed an opposition to Ripple Labs’ motion to preclude the declaration of a critical expert witness in the ongoing litigation surrounding XRP’s status. The controversy revolves around Ripple’s argument that Andrea Fox’s statement, the “Fox Declaration,” is an unsolicited expert opinion.

The SEC repudiates this, stating that the declaration is, in fact, an admissible summary witness statement under Federal Rule of Evidence 1006 and is utilized for calculations related to disgorgement.

SEC’s Defense of Summary Witness Use

The SEC’s opposition reveals the Fox Declaration’s function, assisting the court by taking some parts of Ripple’s financial and sales records and calculating prejudgment interest over what is called “ill-gotten gains” by the SEC.

The document mainly consists of information derived from documents generated by Ripple itself such as audited financial statements, and tax returns, among others.

The SEC identifies that the declaration is not an award or any particular professional’s testimony but rather makes use of arithmetic to bring clarity to the court as regards Ripple’s accounting.

Admissibility of Summary Evidence

The SEC notes, as part of their argument, that Ripple does not contest to the math accuracy in the Fox Declaration. However, Ripple takes issue with the form of the declaration and believes it should be treated as expert testimony. In response to this argument, the SEC cites case law holding that summary evidence does not qualify as expert testimony. The SEC draws attention to cases where the application of accounting methods or the presentation of summary information did not elevate a declaration to the level of expert opinion.

The SEC’s filing also mentions that although Andrea Fox has a professional qualification as an accountant, the Fox Declaration fails to use her specialized knowledge beyond basic arithmetic applied to Ripple’s financial information. 

It insists that Fox did not issue any material decisions regarding Ripple’s financial policies or give any views on Ripple’s accounting for revenues and expenditures. Instead, she was to sum up large amounts of data so that the court could get to see it in a more comprehensible form.

Ripple’s Prior Unsuccessful Objection

The SEC also notes that Judge Torres previously rejected Ripple’s identical objection in a case involving another SEC staff accountant’s declaration. This precedent argues that Ripple’s current objections should likewise be dismissed.

Consequently, the SEC assures that there has been no violation of the Federal Rules of Civil Procedure. According to the SEC, the Fox Declaration did not require disclosure as expert testimony in advance because it does not fall under the categories necessitating such pretrial disclosure. Therefore, the SEC maintains that Ripple should not be surprised or prejudiced by the submission of the summary witness declaration.

Meanwhile, the XRP price has been under bearish momentum, swaying between an intra-day high and low of $0.5183 and $0.4996, respectively. XRP traded at $0.5183 at press time, a 0.67% dip. Concurrently, its market capitalization fell by 0.59% to $28,369,008,553 while its 24-hour trading volume surged by 126% to $1,176,508,306. 

Read Also: FTX, Voyager Secure $450M Settlement in Bankruptcy

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The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.





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“Crypto Dad” Chris Giancarlo Emerges Top For White House Crypto Czar Role

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9 hours ago

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November 22, 2024

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Chris Giancarlo, widely known as “Crypto Dad,” has emerged as the leading candidate for a newly proposed role of crypto czar in the White House under President-elect Donald Trump’s administration. The potential appointment underscores a strategic effort to advance crypto regulations and foster blockchain innovation in the United States.

This proposed position would be the first of its kind in the White House, aiming to bring clarity to the growing $3 trillion digital asset market. Chris Giancarlo, the former Chair of the Commodity Futures Trading Commission (CFTC), is known for his progressive approach to digital currencies and blockchain technologies.

Chris Giancarlo Leads Race for White House Crypto Czar Role Under Donald Trump

According to a Fox Business report, Chris Giancarlo is the top contender for the position of White House crypto czar, a role being considered by the Trump transition team to streamline crypto regulations and foster blockchain development.

As CFTC Chair from 2017 to 2019, Chris Giancarlo oversaw critical advancements in the digital asset space. This includes the launch of the first Bitcoin futures. He later co-founded the Digital Dollar Project, a nonprofit initiative exploring the potential of a U.S. central bank digital currency (CBDC). Giancarlo’s regulatory expertise and understanding of digital innovation position him as a key figure in shaping the future of the crypto sector.

The Trump administration aims to utilize this position to address industry concerns over the Biden administration’s perceived heavy-handed enforcement. The crypto czar would also collaborate with federal agencies to establish a framework for the $180 billion stablecoin market and enhance the overall regulatory landscape for blockchain and digital currencies.

Trump’s Strategic Approach to Digital Asset Policy

President-elect Donald Trump has expressed plans to make the U.S. a global leader in cryptocurrency and blockchain innovation. Part of this strategy includes appointing a crypto czar to advance policies to support the industry’s growth.

Trump has also proposed the establishment of a presidential crypto advisory council to address ongoing regulatory challenges. This initiative aims to align federal policies with industry needs, fostering a competitive environment for blockchain businesses. The council will explore the creation of a Bitcoin reserve as part of the administration’s broader crypto policy agenda.

The transition comes as current SEC Chair Gary Gensler announced his resignation effective January 20, 2025, coinciding with Trump’s inauguration. Gensler faced criticism during his tenure for his enforcement-driven approach to crypto regulations.

Amid speculation, Chris Giancarlo clarified that he is not pursuing the SEC Chair role. Giancarlo said in a recent statement,

“I’ve already cleaned up earlier Gary Gensler mess at the CFTC and don’t want to have to do it again.”

His focus remains on advancing crypto-friendly policies through a potential new role. According to the report, the “Crypto Dad” stated,

“I would be honored to be considered for the role.”

The creation of the crypto czar position could mark a pivotal moment in the evolution of U.S. crypto policy. With Chris Giancarlo leading the race, the industry anticipates advancements in crypto regulations under the new administration.

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Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.





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UK to unveil crypto and stablecoin regulatory framework early next year

Published

12 hours ago

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November 21, 2024

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UK to unveil crypto and stablecoin regulatory framework early next year
  • The UK will introduce unified crypto regulations, including stablecoins, in early 2025.
  • New rules aim to simplify oversight and avoid restrictive staking classifications.
  • Labour government aims to compete with EU’s MiCA rules and US pro-crypto policies.

The United Kingdom is set to introduce a comprehensive regulatory framework for cryptocurrencies, stablecoins, and crypto staking services in early 2025, marking a pivotal shift in its approach to digital assets.

The announcement was made by the Economic Secretary to the Treasury Tulip Siddiq at City & Financial Global’s Tokenisation Summit in London on November 21.

Initially slated for December 2024, the regulatory rollout was delayed due to the change in government following the election of Prime Minister Keir Starmer’s Labour administration in July 2024.

The upcoming UK crypto regulatory framework

The upcoming framework consolidates regulations for crypto assets into a single, overarching regime, a decision Siddiq described as “simpler and more logical.”

The framework aims to provide clarity in a rapidly growing sector that has faced uncertainty in the UK.

Stablecoins will receive distinct treatment under these regulations, as their functionality does not align with existing payment services rules.

Siddiq highlighted that staking services would also avoid being designated as “collective investment schemes,” a classification that could impose burdensome restrictions.

UK aims to align with the global crypto regulatory landscape

The UK government’s renewed focus on digital asset regulation comes as it seeks to align with global developments. The European Union’s Markets in Crypto-Assets (MiCA) regulations will be fully enforced by the end of 2024, offering regulatory certainty that has positioned Europe as an attractive market for the crypto industry.

Meanwhile, the US, under President Donald Trump’s administration, has adopted a markedly pro-crypto stance, including the establishment of a White House “crypto czar” and SEC Chair Gary Gensler’s planned departure in January 2024.

The Labour government has shown its intent to catch up with international competition. In September 2024, it introduced a bill recognizing NFTs, cryptocurrencies, and carbon credits as property.

The new regulatory push reflects the UK’s ambition to regain credibility as a crypto hub while addressing criticisms of the Financial Conduct Authority’s perceived stringent oversight.

By delivering a robust, streamlined framework, the Labour government aims to bolster the UK’s standing in the multibillion-dollar crypto industry.

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Gary Gensler To Step Down As US SEC Chair In January

Published

15 hours ago

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November 21, 2024

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In a recent development, the US Securities and Exchange Commission (SEC) announced that Gary Gensler will step down from his position next year. This follows calls for Gensler to resign since Donald Trump won the US presidential elections.

Gary Gensler To Step Down As US SEC Chair

The US SEC announced in a press release that Gary Gensler will depart the Agency on January 20, 2025. The US SEC Chair also confirmed this development in an X post. Interestingly, this comes on the same day that Donald Trump will be inaugurated as the 47th president of the United States.

Following the announcement, Gensler also used the opportunity to reflect on his time at the Commission. He remarked that it has been an “honor of a lifetime” to serve alongside those at the SEC. He also thanked President Biden for the opportunity to serve in the position. Gensler has been the US SEC Chair since April 2021. During his time, he has spearheaded several litigations against the crypto industry.

This includes the long-running legal battle with Ripple, which Gensler took over from his predecessor Jay Clayton, which bordered on whether XRP was a security. Up till now, the Agency continues to reiterate this ‘digital asset securities’ claim.

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Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.





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