Defense attorney and former federal prosecutor James K. Filan hopes the infamous Hinman speech documents it will be released to the public by June 6, citing a prior court order.
The Hinman documents relate to a 2018 speech by the former head of the Securities and Exchange Commission (SEC) corporate finance division, Bill Hinman, who essentially stated that Ether (ETH) was not a security. The documents involve internal SEC discussion and deliberations surrounding this speech.
In a May 17 Twitter thread, Filan, who has been actively following the SEC vs Ripple case in recent years, he provided an update on when the documents might be opened to the public.
โIn accordance with the Court Order of 09/12/2022, the parties have 21 days to present public and redacted versions of the Summary Judgment documents consistent with the sealing ruling. June 6 marks the 21st day of yesterday's ruling, โhe wrote.
#XRPCommunity #SECGov v. #Vibe #XRP Update on when we should see unsealed ordered documents. Pursuant to the Court Order of 09/12/2022, the parties have 21 days to present public and redacted versions of the Summary Judgment documents consistent with the sealing... pic.twitter.com/doV5fUxDG5
โ James K. Filan (@FilanLaw) May 17, 2023
Some, however, believe that the established schedule could be affected if the SEC files an appeal or if the case settles.
Another attorney following the case, Jeremy Hogan, a partner at Hogan & Hogan, noted the SEC has approximately 10 days to file an appeal of this specific order.
Others in the XRP community, like @AshleyPROSPER1, believe that the prospect of the documents being unsealed could prompt either party to seek a settlement, as both may have information they would not like the public to get their hands on.
However, a Twitter post from Ripple CEO Brad Garlinghouse on May 16 suggests that they are eager to see Hinman's redacted emails "publicly available soon."
Another victory for transparency! Hinman's redacted emails will be publicly available soon. Please stay tuned as the lawyers work on the mechanics to make that happen. https://t.co/o6puPypRHd https://t.co/qmaLVeQaP8
โBrad Garlinghouse (@bgarlinghouse) May 16, 2023
While Ripple Labs has long had access to the documents, he sees this aspect of the case as important evidence in his defense against the SEC and their claims that XRP falls under the classification of a security.
Related: Ripple Acquires Swiss Blockchain Custody Firm Metaco for $250 Million
The SEC filed a motion in late December to seal public documentsarguing that the documents are "of no relevance" to the ultimate outcome of the case, along with the SEC's mission that trumps the "public's right" to access the documents.
Ripple Labs scored a victory this week after the the motion was officially denied on May 16.
1. yes
2. The SEC has 10 days to request a reconsideration, so I'm assuming Ripple is asking them about it today...if the answer is "we're not" then they could be released sooner I would imagine.
โ Jeremy Hogan (@lawyerjeremy1) May 17, 2023
Magazine: Crypto Regulation: Does SEC Chairman Gary Gensler Have the Final Say?
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