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The SEC is not taking any chances in its bid to protect its experts from any form of harassment or threat.
The Securities and Exchange Commission has filed under seal its proposed redactions to Ripple’s response to its objection to amici’s participation in the upcoming Daubert challenge.
Explaining in the letter why it is necessary to redact some portions of Ripple’s response, the SEC noted that not redacting the portions would further expose the expert to threat.
“In short, the proposed redactions to the response are narrowly tailored to serve the higher value of protecting witness safety in light of the likelihood that past harassment and threats will continue in the absence of such steps,” excerpts of the report read.
The SEC was specific about redacting Footnote 1 in the Ripple’s response, which it claims contains excerpts from the expert report.
The Securities and Exchange Commission noted that the remaining proposed redactions are in line with information about the threats and harassment expressed in the opposition brief.
“These redactions are appropriate because as explained more fully in the sealing application, information and arguments about the harassment and effects of such harassment may fuel future efforts to threaten and harass the expert,” the SEC said.
It is noteworthy that the SEC’s proposed redactions come a few weeks after Ripple requested that the court publicize its response to the Securities and Exchange Commission’s opposition to the amici motion to participate in the expert challenge.
Judge Torres to Make Final Decision
Following the SEC’s move to file its opposition to amici’s participation under seal in a bid to protect the expert from being subjected to threats and harassment, Ripple followed a similar approach by also filing its response under seal.
With the latest developments, Judge Analisa Torres will now have to decide what part of Ripple’s response to the SEC’s opposition to amici’s request to participate in the expert challenge will be filed in the public docket.
Meanwhile, the SEC’s proposed redactions to Ripple’s response were shared by attorney James K. Filan, who shared a copy of the agency’s letter with the caption:
“The SEC filed, under seal, its proposed redactions to the Ripple Defendants’ response to the SEC’s opposition to the amici motion to participate in the expert challenge. The SEC also publicly filed a letter explaining its proposed redactions.”
#XRPCommunity #SECGov v. #Ripple #XRP The SEC filed, under seal, its proposed redactions to the Ripple Defendants' response to the SEC’s opposition to the amici motion to participate in the expert challenge. The SEC also publicly filed a letter explaining its proposed redactions. pic.twitter.com/w0OhPH7ysK
— James K. Filan 🇺🇸🇮🇪103k+ (beware of imposters) (@FilanLaw) June 23, 2022