Ripple has filed a new document in its ongoing lawsuit against the Securities and Exchange Commission (SEC), arguing that the SEC’s proposed witness is not qualified to testify.
Ripple’s Motion to Strike
Ripple initially filed a motion to strike Andrea Fox, an accountant at the SEC, as a witness in the case. Ripple argued that Fox was not properly disclosed as an expert witness and was not deposed during discovery.
SEC’s Response
The SEC responded by claiming that Fox was a “summary witness” who would provide only basic arithmetic evidence, not expert testimony.
Ripple’s Counterargument
In its latest filing, Ripple argues that even if Fox is considered a summary witness, the SEC has not provided sufficient evidence to support this claim. Ripple notes that Fox’s declaration highlights her qualifications as an accountant, which would only be relevant if she were an expert witness.
Fox’s Role as an Expert Witness
Ripple also argues that Fox’s actions in the case suggest she is acting as an expert witness. They point out that Fox used her specialized knowledge to analyze Ripple’s financial records and draw inferences and conclusions. Ripple claims that Fox’s analysis formed the basis for the SEC’s proposed fine of almost $2 billion.
Conclusion
Ripple’s latest filing challenges the SEC’s attempt to present Andrea Fox as a summary witness. Ripple argues that Fox’s qualifications and actions indicate that she is an expert witness and that the SEC has not provided sufficient evidence to support its claim otherwise.
