Hinman may violate state regulations on how this affects Ripple vs SEC

The SEC and Ripple could just go ahead next year, but that doesn’t mean the XRP community fell apart over the holidays. Many are still trying to reach out or do some research on a representative of Congress to better understand the implications of the ongoing lawsuit.

In the midst of it all, however, crypto attorney John Deaton – who represents the views of thousands of XRP owners – made a surprising announcement.

Hinman, in retrospect …

The discovery included a 2018 speech by William Hinman, former head of corporate finance, discussing whether bitcoin and ether are securities.

Deaton cites 2635,702 under the Code of Federal Regulations [CFR]including “using public office for private gain”. He to speak,

“…I think Bill Hinman may have consulted legally before signing the oath @SECGov. If his speech ONLY reflects his personal views and is not directed by the SEC, he is violating Title 5 … “

WHISTLEBLOWER REPORT ????????????:@SonntagSaucy worthy

I think Bill Hinman may have consulted legally before signing the oath @SECGov. If his speech ONLY reflects his personal views and is not directed by the SEC, he is in breach of Title 5???? https://t.co/GWSqzhN98P pic.twitter.com/oEYXUwyYqZ

– John E. Deaton (@ JohnEDeaton1) December 16, 2021

The previous section of the CFR states that government officials must not abuse their positions to gain interests in their private lives. In addition to the part cited by Deaton, another condition was specified:

“Except as otherwise provided in this section, an employee may not use or permit the use of his government position or title or authority in relation to his public office in any manner that could reasonably be construed to affect his or her authority or the Die Government punishes or encourages his or her personal activities. ”

What does this discovery mean for the SEC and Ripple? If you recall, an important question in the lawsuit was whether discussions about the content of Hinman’s speech could be shielded by the privilege of the deliberative process. [DPP] Defense. Another factor is whether Hinman’s speech can be used to analyze XRP.

Now Deaton asks if Hinman is even allowed to give a speech about ether not being a security.

If the law were always as clear as Clayton and @GaryGensler Testimony, there was no reason for Hinman to deliver a speech claiming Ether was unsafe.

The SEC claimed his speech had nothing to do with the SEC’s guidelines for the marketplace. Hinman may want to seek advice.

– John E. Deaton (@ JohnEDeaton1) December 16, 2021

Go to “FOIA” or water …

If the SEC doesn’t make enough headlines now, it’ll be back after Empower Oversight Whistleblowers & Research sued the agency. Empower Oversight took this step to force the SEC to comply with the Freedom of Information Act requirements for certain communications records.

The FOIA inquiry concerns a “potential conflict of interest” between senior SEC executives and companies involved in the Ethereum and / or Bitcoin ecosystem.

“[Empower Oversight] Sue [SEC] In an effort to force the agency to comply with documentation requirements regarding potential conflicts of interest between former senior SEC officials and their oversight of cryptocurrencies. “https://t.co/PkUqoCY409

– Grant supervisor authorization (@EMPOWR_us) December 13, 2021