- Justin Keener reintroduces motion with alleged evidence on XRP contracts
- Court previously dismissed similar filing as procedurally improper
- Experts question timing and possible impact on Ripple vs SEC case
Justin W. Keener has reintroduced a new motion in the Ripple lawsuit, which claims to hold decisive evidence. The emergency motion was filed on May 28, just ahead of important procedural deadlines in the Ripple vs SEC case. Lawyers and community members are considering the effect of this decision in the current lawsuits.
Keener Reintroduces Motion in Ripple Vs SEC Case
Keener reintroduced the motion after the court dismissed his earlier effort because of an error in procedure. He now demands to present only materials he considers important to resolve the main legal issues. The court’s earlier decision raises questions about whether this new effort will succeed.
Lawyers have noted that the filing was made just before the SEC’s deadline for its status report. Bill Morgan, an XRP lawyer, pointed out that the filing critiques judicial interpretations of the Howey test and investment contracts. He said that this reappearance adds a new element into the case’s timeline.
Marc Fagel, former SEC attorney, questioned why Keener was allowed to file multiple documents in the case when he was not a plaintiff. He explained that the SEC responded to Keener’s earlier submission, but the court found it to be improper. Fagel pointed out that the court’s PACER system does not have enough restrictions in this situation.
Keener Claims New Decisive Evidence in Ripple Case
Keener’s motion states that he holds information and documents about investment contracts hidden from public access for many years. He insists that these materials can directly determine how XRP is classified under the law. He has not disclosed any information about the alleged evidence or its source.
Many are still skeptical about the motion’s results, because the court rejected similar information. However, the information and when it was submitted has attracted a lot of attention. This has led to speculation about whether the court will accept the submission or reject it again.
Keener argues that the information he possesses points to major errors in how investment contracts are interpreted by regulators. He believes the evidence helps answer questions that have been asked about the SEC’s approach to crypto-related assets. However, he has not explained how his actions complies with the rules of procedure.
Keener’s Past Encounter With SEC Raises Concerns
In 2022, the court required Keener to pay $10.2 million for failure to register as a securities dealer. The court will examine how credible Keener is because of the past dispute with the SEC.
Legal experts believe that if the filing doesn’t meet the required procedures, it will probably be dismissed once more. The outcome of the motion will depend on the court’s reaction and SEC’s stance.
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