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XRP Moves Hinged on Court Ruling Following the SEC-Ripple Conference

By:
Bob Mason
Published: Jun 8, 2022, 19:39 UTC

Tuesday's court-scheduled SEC-Ripple conference leaves Judge Sarah Netburn to now decide on the fate of the Hinman speech-related docs from 2018.

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Key Insights:

  • On Tuesday, Judge Sarah Netburn held an SEC-Ripple conference to dig deeper into the SEC’s claims that William Hinman’s speech-related documents fall under the attorney-client privilege.
  • The SEC has relentlessly attempted to shield the Hinman documents from the Ripple defense, placing a final court ruling at the heart of the SEC’s case.
  • Key technical indicators remain bearish. XRP sits below the 100-day EMA.

On Tuesday, XRP rose by 1.22%. Following a 1.87% gain on Monday, XRP ended the day at $0.4025. The upside came as investors turned their attention to the SEC-Ripple conference.

A choppy session saw XRP slide to an early morning low of $0.3839 before finding support.

XRP fell through the First Major Support Level at $0.3946 and the Second Major Support Level at $0.3868.

The rebound saw XRP break back through the Major Support Levels and through the First Major Resistance Level at $0.4096 to strike a day high of $0.4167.

Coming up against the Second Major Resistance Level at $0.4168, XRP fell back to end the day at sub-$0.41.

While movement throughout the day tracked the broader crypto market, there was also plenty of interest in the court-scheduled SEC-Ripple conference to discuss the William Hinman speech-related documents and SEC claims that the documents fall under the attorney-client privilege.

Attorney John Deaton discussed the conference on YouTube late on Tuesday.

An SEC-Ripple Conference Summary Had a Muted Impact on XRP

On Tuesday, attorney John Deaton delivered interested parties a summary of the SEC-Ripple conference.

Deaton highlighted comments and a series of questions posed by Judge Sarah Netburn during the conference. These included,

  • Help me understand what advice Hinman received?
  • For what was he seeking advice?
  • Do you stand by the position last year that the speech was his personal opinion?
  • The SEC has distanced itself from that speech as his personal opinion.

John Deaton, who attended the conference in New York, made some observations, which included,

  • When the SEC has to turn over the documents, the SEC will settle.
  • Judge Netburn knows that the SEC will appeal any unfavorable ruling to Judge Torres.
  • SEC used a junior lawyer to represent at the conference, suggesting the SEC knows they have a losing a hand.
  • Court decision likely by the end of next week with a ruling likely in favor of Ripple.
  • A settlement would remove the chances of an appeal and provide certainty.
  • The only way the SEC will settle is if the court rules in favor of Ripple vis-à-vis the Hinman speech-related docs.
  • Assuming there is no settlement, the summary judgments are all due by November, with the court decision likely in March.
  • Loomis Bill could usurp the case, but the bill will need to be signed by the president, making it more likely that a settlement or a court ruling will come first.
  • Fair notice defense would mean that Ripple won’t have to pay the fine, but XRP will be a security. Such an outcome would leave XRP holders stranded.

By way of background, John Deaton is counsel for the amici curiae, representing over 67,000 XRP holders in the SEC v Ripple case.

Ripple (XRP) Price Action

At the time of writing, XRP was down 1.96% to $0.3994.

A mixed morning saw XRP rise to an early high of $0.4099 before falling to a low of $0.3947.

XRP struggles following SEC v Ripple update.
XRPUSD 080622 Daily Chart

Technical Indicators

XRP will need to move through the $0.4027 pivot to target the First Major Resistance Level at $0.4214. XRP would need the broader crypto market support to break out from the morning high of $0.4099.

In a broad-based crypto rebound, XRP should test resistance at $0.43. The Second Major Resistance Level sits at $0.4355.

Failure to move back through the pivot would bring the First Major Support Level at $0.3886 back into play.

Barring an extended sell-off throughout the day, XRP should avoid sub-$0.3850. The Second Major Support Level sits at $0.3699.

XRP return to $0.40 key for a breakout.
XRPUSD 080622 Hourly Chart

The EMAs and the 4-hourly candlestick chart (below) send a bearish signal. At the time of writing, XRP sits below the 100-day EMA, currently at $0.4079. Today, the 50-day EMA narrowed to the 100-day EMA. The 100-day EMA fell back from the 200-day EMA, XRP negative.

A move through the 100-day EMA to $0.41 would support a run at the 200-day EMA and $0.45. For XRP, a breakout may be unlikely ahead of any court ruling on the Hinman documents following the SEC-Ripple conference.

XRP in a bearish trend, pressured by the SEC v Ripple case.
XRPUSD 080622 4-Hourly Chart

About the Author

Bob Masonauthor

With over 20 years of experience in the finance industry, Bob has been managing regional teams across Europe and Asia and focusing on analytics across both corporate and financial institutions. Currently he is covering developments relating to the financial markets, including currencies, commodities, alternative asset classes, and global equities.

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