• Attorney John E. Deaton has said that the emails and documents used for Bill Hinman’s 2018 speech at the Yahoo Finance All Markets Summit will be made available to the public.
• Judge Analisa Torres may refer to them in her summary judgment ruling in the SEC case against Ripple, and they could be made publicly available with certain redactions.
• John E Deaton believes that further enforcement actions will be brought, including ones against Coinbase, Kraken and Binance US, as well as a lawsuit against Dragon Chain.
Ripple Lawyer Predicts Public Availability of Hinman Documents
Background on Hinman Documents
The records used for Bill Hinman’s 2018 speech at the Yahoo Finance All Markets Summit are often known as the Hinman documents. The Securities and Exchange Commission (SEC) has requested for them to remain sealed, even after Judge Torres‘ ruling on summary judgment.
John E Deaton’s Prediction
Attorney John E. Deaton believes that the emails and drafts would eventually be made public at some point, regardless of Judge Torres‘ decision on whether to seal them. He previously submitted a Freedom of Information Act (FOIA) request asking for their disclosure and stated his intention to pursue legal action if necessary. If Judge Torres cites or relies on them in her decision making, she will likely declare them „judicial documents“ and order that they be unsealed but with limited redactions.
Further Enforcement Actions Expected
Deaton is confident that further enforcement actions will be brought by the SEC, including those against Coinbase, Kraken and Binance US. A lawsuit against Dragon Chain is also pending due to its use of Ethereum Blockchain which governs DRGN – an ERC20 token – meaning these emails and drafts could aid their defense should they become available publicly.
Criticism from Brad Garlinghouse
Ripple CEO Brad Garlinghouse has criticized the SEC’s inconsistency with regulation when it comes to cryptocurrencies such as Bitcoin and Etherium being classified as commodities rather than securities while XRP remains classed as a security despite its similarity to other digital assets already deemed commodities by regulators.
It is expected that regardless of Judge Analisa Torres‘ decision regarding sealing or unsealing these records, they will eventually become available for public access with certain redactions given their potential relevance in any ensuing legal proceedings or enforcement actions brought by the SEC related to cryptocurrency markets