Ripple Challenges SEC’s Last-Minute Expert Testimony
Ripple’s legal team has filed a motion to strike the new expert materials submitted by the U.S. Securities and Exchange Commission (SEC) in support of its motion for remedies and entry of final judgment. The move comes as a response to the SEC’s alleged procedural violations and practice of “sandbagging,” a prohibited practice under Federal Rule of Civil Procedure.
Ripple contends that the SEC’s recent filings, featuring the declaration of Andrea Fox, an expert on digital assets, were submitted at an inappropriate time and that the SEC has not provided sufficient justification for the inclusion of this new evidence. Ripple has also urged the court to disregard the Fox Declaration and any references to it in the SEC’s motion for remedies.
The motion was filed with Judge Sarah Netburn of the U.S. Magistrate Court of the Southern District of New York. The timing and nature of the SEC’s submissions are at the heart of Ripple’s argument. Ripple maintains that the SEC’s recent filings, particularly the Fox Declaration, were submitted too late in the proceedings and that the SEC has not provided a satisfactory explanation for this delay.
This latest development in the SEC vs. Ripple drama has garnered attention from prominent defense lawyer James Filan, who highlighted the significance of Ripple’s motion in a recent post on X. Filan’s commentary underscores the ongoing legal battle between Ripple and the SEC, with both parties vying to present their strongest arguments in support of their respective positions.