S.E.C. Issues Threat In Response To Release Of Hinman Docs
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December 23, 2022 12:01 pm
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Even this late in the ongoing lawsuit, the Securities and Exchange Commission is still fighting tooth and nail to keep the Hinman documents from the public…
Despite arguing for the confidentiality of the documents several times, the SEC is seemingly fighting a losing battle when it comes to transparency on the Hinman speech.
Now, the Securities and Exchange Commission has issued a lightly veiled threat, claiming that it will seek grounds to appeal if the Hinman documents are made public…
Ripple attorney James K. Filan shared the latest filing in the ongoing lawsuit:
#XRPCommunity #SECGov v. #Ripple #XRP The SEC has filed its Motion to Seal certain documents filed in connection with the Motions for Summary Judgment.https://t.co/60zy8zDa2e
— James K. Filan 🇺🇸🇮🇪 126k (beware of imposters) (@FilanLaw) December 22, 2022
Jeremy Hogan asks the question that is on the minds of many: what about the speech is so damning that the SEC is still fighting with all its vigor to suppress from the public?
The SEC is STILL arguing that the Hinman emails are privileged despite losing that issue about 100 times already. Blows my mind.
AND makes me recurious (is that a word?) about what is in them. https://t.co/E0yRzKIXI1 pic.twitter.com/Bqc6SRgL01
— Jeremy Hogan (@attorneyjeremy1) December 22, 2022
According to Bitcoinist:
Another community lawyer, Bill Morgan, points out the threat the SEC is making. According to the SEC, Torres is not authorized to release the Hinman documents because they could appeal the summary judgment decision.
Further, the attorney contended that under the court’s findings, there is no privilege that can or cannot be waived. At the same time, Morgan concedes legitimacy to the SEC’s argument because the SEC could still appeal. This does not definitively settle the confidentiality issue.
SEC is arguing that they haven’t waived privilege against the world because they handed them to Ripple as ordered but under the protective order w/o giving up appeal rights. I am not sure how the SEC argues it haven’t waived privilege when the court found they’re not privileged/1 https://t.co/mbMo4DD36P
— bill morgan (@Belisarius2020) December 23, 2022
The final submission by Ripple they cited a reference to the Hinman documents establishing relevance in the case, allowing her to “run with it” . looks like the corrupt SEC forgot the old saying when communicating with the Judge “ When a wolf’s ear is close her teeth are closer”
— Pontiac Joe (@PontiacJoe44) December 23, 2022
Here is some biographical information on William Hinman, courtesy of the SEC:
William H. Hinman was named Director of the Division of Corporation Finance in May 2017. The Division seeks to ensure that investors are provided with material information in order to make informed investment decisions, provides interpretive assistance to companies with respect to SEC rules, and makes recommendations to the Commission regarding new and existing rules.
Before serving at the Commission, Mr. Hinman was a partner in the Silicon Valley office of Simpson Thacher & Bartlett LLP, where he practiced in the corporate finance group. He has advised issuers and underwriters in capital raising transactions and corporate acquisitions in a wide range of industries, including technology, e-commerce, and the life-sciences.
Prior to joining Simpson Thacher in 2000, Mr. Hinman was the managing partner of Shearman & Sterling’s San Francisco and Menlo Park offices. He received his B.A. from Michigan State University with honors in 1977 and his J.D. in 1980 from Cornell University Law School, where he was a member of the Editorial Board of the Cornell Law Review. He is a member of the Bar Association of the State of California and the Association of the Bar of the City of New York. Mr. Hinman also is a fellow of the American Bar Foundation.
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