Ripple Challenges SEC's Last-Minute Expert Testimony with New Motions

Ripple has taken legal action against the U.S. Securities and Exchange Commission (SEC) by filing a motion to strike the newly submitted expert materials supporting the SEC's motion for remedies and entry of final judgment. This latest development in the ongoing SEC vs. Ripple saga was highlighted by prominent defense lawyer James Filan in a recent post on X.

The motion was filed by Ripple with Judge Sarah Netburn of the U.S. Magistrate Court of the Southern District of New York. Ripple's argument revolves around the timing and nature of the SEC's submissions.

Ripple contends that the recent filings by the SEC, which include a declaration by Andrea Fox, an assistant chief accountant at the SEC, and accompanying exhibits, were untimely and violated procedural rules regarding disclosure during discovery.

Ripple's legal team accuses the SEC of "sandbagging," a practice prohibited by the Federal Rule of Civil Procedure, alleging that the delayed disclosure of expert witness testimony and analysis on Ripple's accounts and XRP sales penalties to institutional investors undermines the principles of fair litigation.

A key point of contention for Ripple is the SEC's portrayal of Andrea Fox as a "summary witness" rather than an expert witness, which Ripple argues downplays the significance of her testimony. Ripple asserts that the substantive nature of Fox's contributions should have been disclosed during the discovery phase.

Given these circumstances, Ripple has requested the court to strike the Fox Declaration and any references to it in the SEC's Remedies Motion.

Additionally, during discussions between the parties regarding this motion, an agreement was reached to propose that the SEC be granted five business days to submit a letter in opposition. Subsequently, Ripple will have three business days to respond.