SEC Must Surrender Hinman Email on Ether to Ripple, Judge Rules

The Securities and Exchange Commission must surrender an email with a draft of former director William Hinman’s speech on whether ether is a security to Ripple in an ongoing lawsuit the regulatory agency filed against the crypto startup, a judgeThe SEC sued Ripple and members of its leadership at the end of 2020 on charges it sold and continues to sell the XRP cryptocurrency in violation of federal securities law.

Hinman’s speech reflected his own views, he said at the time, a point the judge referenced on Thursday in her ruling. While the email with the draft speech must be turned over, a separate email sent by the Office of the Chief Counsel for Corporation Finance the day before his speech does not need to be turned over, the judge wrote.

These documents were prepared for the investigation into XRP, and therefore qualify as “the kind of pre-decisional and deliberative legal analysis the deliberative process privilege protects."

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