Welcome back to the show everybody check Out these headlines we've got a filing From Ripple in response to sec's latest Actions in the SEC versus Ripple case And we've got the legal analyst to break It down and we've got you know what We've got so much more somebody just Rolled a beautiful intro here we go Digital perspectives with Brad kimes Come on in Welcome back to the show everybody you Can follow us on Twitter and YouTube for Exclusive content right now 1.34 Trillion dollar market cap for crypto It's up 3.2 percent this morning good Morning to everybody 3 30 700 plus for Bitcoin at the moment ethereum two Thousand one hundred eleven dollars and Eight cents it is screaming this morning Up 5.4 percent on the 24 hour and 12.8 On the seven day tether is 80.8 billion Plus oh my oh my You know how I feel I'm not going to get Into it 52 cents for xrp it's up 3.9 Percent of the 24 hour and 5.2 on the Seven day ladies and gentlemen if you Haven't checked this out it's Jason Collins from glint and I tell you Something It's gold baby yeah gold price broke the New multi-month highs on Thursday on Bets that the Federal Reserve will start Cutting rates interest rates this summer Gold jumped above two thousand forty
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Five dollars per ounce it's the highest Since March 2022 Spike on Russia's Invading Ukraine as we all know gold is Security glit it's key I'm telling you Check it out and see if it's right for You I love it and so do so many other People it is a great way to really have Physically allocated gold and if should You need to spend it it is outside of The net the uh normal banking system and I just absolutely love that MasterCard Debit card comes with that account click The link check out my sponsor and you Will love it too Right here we see this uh Ripple Council Criticizes SEC slow responsive producing Documents you know uh it is really Really deplorable because this is what Stuart El doradi says legal counsel for Ripple shout out to him he says uh first Of all he shares coin telegraphs Congressman tells SEC chair to stop Balking and give up the information We'll get into that in just a second but Stuart out of Roddy chimes in says sound Familiar it only takes us only took us 18 months in six court orders to get Documents from the SEC which are still Sealed from the public But this is what we're talking about Here it came originally from Eleanor Terrett here it was a letter on a Failure to produce the requested Information to Congress could result in
The committee considering using Compulsory process if necessary You know this is just I mean you know This is Gary gensler's SEC it's Ridiculous and Bill Morgan says it best He says how embarrassing for SEC chair To receive a letter like this using Words such as impeding and indirectly Threatening a subpoena now Patrick McHenry knows what Ripple went through Trying to obtain the Hinman documents Which are still sealed from the public And this here was uh something that was Shared by Jim filen here this was Originally back in May of 2022 it was When SEC official decrees gurwal here Decreed delay tactics used by some Defense lawyers Oh my goodness They must have learned it from the SEC If nothing else is clear obviously the SEC is a huge bully and if nothing else Is clear beyond that it's this They don't embarrass very easily Jim filen reminds us right here Depending in es CC versus Ripple and This right here was Ripple's response to The latest filing by the sec's letter of Supplemental Authority regarding the Sec's motion for summary judgment in Other words And thankfully for these legal analysts That I understand this shout out to Jim Uh
The SEC filed a letter in support of Their own summary judgment it was a very Old reference of a case the Upton case And ripple have filed a response to Their filing basically Tit for Tat kind Of canceling at canceling that out Bill Morgan sums it up best here he says Thanks James he says Ripple reminding Judge Torres that the Upton case which Was referenced by the SEC to support its Summary judgment In which the defendant's fair notice Defense was allowed is binding precedent But the recent case the SEC relies on Isn't And is totally different on the facts And evidence anyway and that is a key Point to come away with on that so we're Very grateful for that information no Doubt about it here is another Point That's made here and it is basically Ripples up opposition and it's really The strong sections that you see is why Ripple is making this claim and it's on Page 45 and 46 and it basically States Here ripples opposition to the sec's Motion for summary judgment dealing with The lack of clarity regarding digital Asset regulation here's an extract so You can see the flavor of Ripple's point In its letter and by the way while we Read this really quickly here Jeremy Hogan has another breakdown on why the Case is really leaning towards and
Really leaning in towards Ripple instead Of the SEC and it's quite powerful Information you're going to love it over The next few years Ripple stated in Their filing here other leading and Analysts likewise conclude xrp was not a Security 2015 Memo from another leading Law Firm advised Ripple that xrp does Not appear to be a security under the Howie test and then it also says here in Fin sand publicly described Xbox is a Virtual currency as we all know it Required Ripple subsidiary to register As a money service business a Designation that is mutually exclusive With the SEC So the plot thickens here and the Ripple Just continues to make their case now This here is the number two reason from Jeremy Hogan shout out to him you're Going to love this thread Ripple did not sell xrp as a security The recent opinion from Judge Torres Provides a clue as to how she might Rightly find that xrp was not sold as a Security first look at the version of Howie tests she cites she cites this Very quickly the issue in the case is Whether defendants offered to sell or Sold xrp as a security specifically the SEC alleges the defendant sold xrp as an Investment contract this is important Which is a security defined under Securities act and it lists the ACT
Defendants argued that they did not sell Xrp as investment contracts and Therefore no registration statement was Required Ripple answer it says here the Supreme Court held that the test for an Investment contract under the Securities Act is whether the scheme involves an Investment of money in a common Enterprise with profits to come solely From the efforts of others now this is Important that we get hip to that Because this is what he says here Jeremy Hogan says this the judge states that Prom 3 of the test is that the Purchasers must have sought profits Solely from the efforts of others that Was the original test although decisions Since have softened that requirement and Basically removed solely from the test Still interesting As evidence that xrp purchasers were Relying on the efforts of Ripple the SEC Retained an expert witness to provide an Opinion now listen to this information And no surprise he stated what he was Hired to say but the judge specifically Struck that part of of his testimony in Her recent order as you can see cited Right here this leaves the expert Witness number three as the sole expert To testify about the third prong of the Test expert number three testifies in Short that Ripple manipulated the price Of xrp but the question asked by the
Test is what xrp purchasers thought or Knew when they were buying xrp this is Where it gets really really good And nowhere does the expert number three State that the xrp purchasers knew Anything about price manipulation in Fact the expert states that what Ripple Was doing was being done in secret so People wouldn't know Without connecting Ripple's actions to Behavior the testimony fails as proof Damn Which leaves the SEC with the cacophony Of various statements made by Ripple as It's evidence of the number three prong These include Marketing materials tweets and Statements that increase in xrp's price Was ripplemania And the evidence that xrp buyers saw These things nada Ripple on the other hand has witnesses That testify xrp was publicly deemed a Currency and an asset not a security Yes the SEC found six xrp holders Involved in a class action to say Otherwise but Ripple has thousands of Xrp buyers to counter those statements Finally the sec's own expert admitted That most xrp price move it since 2018 Has no relation to anything Ripple does For those reasons the overwhelming Majority of the evidence is that xrp Purchasers did not rely on the efforts
Of Ripple No reasonable juror could possibly view The paucity of evidence Presented by the SEC and come to the Conclusion that SEC met its burden of Proving prong number three of the Howie Test therefore Ripple should win second Reason thanks for reading Actually you awesome law clerk we love It I love it shout out to Jeremy Hogan Shout out to John Deaton shout out to Jim filen and shout out to Bill Morgan And every other legal analyst that keeps Us straight out here now let's take a Look at this because there's a lot of People That say xrp might send the top Cryptocurrencies to Valhalla if Determined not to be a security And I tell you that could you could make A good argument about that and egg rag Crypto technical analyst says watch out For the xrp alligator jaw is closing Well tell me more ASO which is the average sentiment Indicator here has previously spotted The major pumps on the monthly time Frame ASO provides indication of the Pump but cannot Define the magnitude of The pump ASO formation is building an impressive Monumental bullish setup when the Pinkish line crosses the bluish line Except expect fireworks he says flipping
The 20 MMA into support will be the most Indicative indicator that xrp is going To pump and you can see here where these Moments that cross happen right So here we see this and we're talking About the largest jaw right here and if You get that cross you could maybe Expect a breakout to the upside but Again these are charts they're leading Indicators they're not absolute Predictors so you have to watch these Things to see if anything changes on the Chart and whether it plays out to the Leading indicator or whether it breaks And fails and falls down to some lower Price uh support that we uh don't want To see right but that's going to do it For me ladies and gentlemen stay tuned And catch this next video Ripple Liquidity Hub is launched and live and On the go and boy do we have a lot for You to see on that one not Financial Advice for me or anyone else it's just My digital perspectives I'll catch all Of you on the next one
