Ripple Receives Permission to File Sur-Reply to Correct ‘Factual Mischaracterization’ by the SEC

Ripple Receives Permission to File Sur-Reply to Correct ‘Factual Mischaracterization’ by the SEC

January 26, 2024

By Jimmy Aki

Defense attorney and former federal prosecutor James K. Filan has revealed that Judge Sarah Netburn has granted Ripple blockchain’s request for a sur-reply.

Sharing the development on X (formerly Twitter), Filan announced that the motion to file a “sur-reply has been granted.”

This update follows an earlier attempt by the cross-border payment solution network to submit an additional reply in response to the US Securities and Exchange Commission’s (SEC) motion to compel.

In a court filing addressed to Judge Netburn, Ripple’s legal representatives highlighted the relevance of the sur-reply, emphasizing its role in rectifying a significant factual mischaracterization made by the US securities agency in its initial reply.

The Ripple team stated that the sur-reply is vital in clarifying these misconceptions, thereby allowing the courts to rule on accurate records.

Furthermore, the defendant’s legal team challenged the SEC’s statement that Ripple “does not … argue that it would be burdened in producing” post-compliant institutional sales contracts.