Attorney Hogan has revealed the biggest game-changer for Ripple in its fair defense notice in the SEC lawsuit, with a possible jury trial in 2024.
Attorney Jeremy Hogan, Partner, and Owner of Hogan & Hogan P.A., recently revealed that William Hinman’s documents present Ripple’s biggest game-changer in its fair defense notice in the U.S. SEC lawsuit.
These comments came up during the CryptoLaw TV live show on June 14. The show featured comments from CryptoLaw founder John Deaton, former SEC Director Marc Fagel, and attorney Hogan.
“I disagree a little bit with you, Marc, as far as how these emails could be used because, to me, I see a lot of fodder in here at trial if it does go to trial, maybe next year or maybe early 2025,” Hogan said in response to Fagel.
Recall that, as The Crypto Basic disclosed yesterday, Fagel emphasized that the Hinman documents would not significantly affect the Ripple case. Instead, the former SEC official believes the documents’ release would only put the SEC in a bad light before the public.
Fagel also asserted that Ripple’s fair defense notice has a slim chance of scaling despite what Hinman’s documents reveal about the SEC. Hogan disagrees with this opinion, as he believes the documents present Ripple with a massive opportunity to capitalize on the SEC’s internal confusion.
According to Hogan, Hinman’s documents show that the SEC is also confused about what a security is. This fact can help Ripple in its fair defense notice if the technology company can present an argument before the jury that it was just as confused about what a security is as the SEC.
Hogan remarked: “I think these emails could be used, not so much to make the other guy look bad, but certainly to paint the picture of an SEC that was as confused as Ripple. I think if you can get that in front of a jury, you can definitely use these emails to paint a fair notice defense.”
Ripple Might Have a Chance at Jury Trial
However, Hogan emphasized that this argument could be better positioned before a jury, not particularly a judge. Consequently, the lawyer mentioned that such a jury trial could come up next year or early 2025. Dig Perspective, an XRP community influencer and YouTuber called attention to this comment in a tweet.
— Digital PerspectivesPermaBull🪝 (@DigPerspectives) June 14, 2023
Nonetheless, it is essential to note that Hogan’s remarks represented a passing thought. The mentioned date is not necessarily accurate but was used by Hogan to pass across his primary message that Ripple might have a chance at a jury trial if it uses Hinman’s emails in its fair defense notice.