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Attorney Hogan on Ripple v. SEC case- The FINALE! Everything is Filed and it's Time for PREDICTIONS!
Updated on Jan 23,2023
Attorney Hogan on Ripple v. SEC case- The FINALE! Everything is Filed and it's Time for PREDICTIONS!
and then,we'll always,love you,foreign,love hello,yes welcome to the La Grande finale of,legal briefs it is with great sadness,that I announced this will be the last,legal briefs video but it's going to be,the best kind of like Jay-Z's Black,Album and it's the last video because,the parties have filed their last,substantive briefs in the Ripple versus,SEC case so there's not going to be much,more to talk about just the waiting game,from this point so yes this is goodbye,but but not before we go out with a bang,because I'm going to be doing something,today that I have never done before and,that is give you my predictions for what,the outcome of the case is going to be,and remember I am never wrong and the,reason I'm never wrong is that I always,hedge my bets and therefore my,predictions will be based on the,likelihood of outcomes because there are,a couple of possible outcomes here and I,will lay it all out for you in the next,10 to 15 minutes now last week the,parties filed the replies to the replies,of the Motions for summary judgment and,that means the case is now officially in,front of Judge Torres she could render,an opinion tomorrow if she wanted she,won't but she could in theory more on,timelines later first let's take a quick,look at the sec's final brief at this,point there's nothing really new that's,being brought up we are now arguing over,fine points of fact or law so I won't go,into too much detail about either brief,this video is going to be about outcomes,that let me say this first off about the,SEC brief it's much better than the,first two the first two were not,impressive but this work was much better,and I thought it did a good job of at,least giving the judge a coherent,framework for its position that xrp was,sold as a security and here it is in the,sec's brief a nice summary paragraph of,the sec's position,quote here the court should analyze all,of the Undisputed facts and,circumstances this includes defendant,statements and actions the economic,reality of xrp's xrp and Ripple's,Financial motivations and contractual,terms for xrp sales if any such as,pricing discounts indicating an,investment intent these Undisputed facts,show that investors paid money for xrp,and ripple stated it would use those,funds to to promote and try to find use,and value for xrp ripple also told,investors that if it was successful,demand for xrp would increase permitting,Ripple in investors to profit xrp,investors including institutional ones,paid over 2 billion dollars for xrp,because they reasonably unexpected,Ripple and its principal decision makers,who had a giant pile of xrp who were,very long xrp to honor the promises they,had made and to do what they were,financially compelled to do use xrp sale,sales proceeds to fund extensive effort,it's to increase xrp's value close quote,that's a good summary paragraph I don't,like the syntax but I also thought the,SEC made some good use of the cases that,it had prosecuted successfully,previously by using the telegram and,Library cases and of course the kick,interactive case as persuasive Authority,the kick case being most problematic for,ripple since it was decided in the very,same court as judge Torres is in which,is the southern district of New York,remember the SEC for the last four to,five years has been using a common,long-term litigation approach as we,discussed a year and a half ago and I,used my lion analogy so think of the SEC,in 2017-19 like a young lion does he,attack the largest bull no he goes for,the young and weak at first and then,when he gets bigger and stronger and,more confident he goes for the bigger,bulls that is exactly what the SEC was,doing it was preying on the week and now,that it's been eating for three years it,was ready for the bowl my God I was so,young when this started and calm so yes,the young SEC lion went on the attack,but I'm happy to report it did not find,an easy meal because Ripple put up a,fight like I've never seen before I was,impressed and I'm not easily impressed,which brings us to Ripple's final brief,and it really doesn't let its foot off,the gas on any single legal issue here,first that the SEC hasn't proven that,all sales alleged sales of xrp involved,money second that xrp was not sold as an,investment contract third that there was,no common Enterprise and fourth that xrp,purchasers did not rely on Ripple to,increase xrp's price and those are just,the main issues IT addresses it's really,a big brief and ripple also has a nice,summary paragraph and here it is and,it's brief on the bottom of page four,quote in short the SEC is asking the,court to rewrite the statutes that,Define its Authority for the SEC to,Prevail in its opposition the court,would have to endorse the sec's theory,that there can be a investment contract,without any contract without any,investor rights and without any issue or,obligations it would have to endorse the,sec's theory that there can be a quote,common Enterprise even if the SEC cannot,say what the
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