Jeremy Hogan, partner at the Hogan & Hogan law firm, has taken to Twitter to say that, in 2016, the SEC referred to Ripple Labs in documents as a “digital currency company.”
Now, the SEC will have to clarify to the judge how it has transformed into a “digital security” company.
The lawyer explains that the public document is dated 2016 and, back then, the U.S. securities regulator considered Ripple-affiliated XRP a digital currency, thus agreeing with the FinCen verdict made in 2015.
This argument about FinCen is the one that Ripple has been using actively against the SEC in court.
