According to the latest update provided by James K. Filan in the ongoing Ripple SEC lawsuit, “Investment Banker Declarant” has filed a response to Ripple’s opposition to an earlier motion to shield from public view his name, position and employer.

#XRPCommunity #SECGov v. #Ripple #XRP “Investment Banker Declarant” files a Response to Ripple’s opposition to the motion by “Investment Banker Declarant” to shield from public view his name, position, and employer. pic.twitter.com/DwleVLOHdj

— James K. Filan 🇺🇸🇮🇪 126k (beware of imposters) (@FilanLaw) January 25, 2023

The “investment banker declarant,” an employee of an SEC-regulated entity, submitted his declaration to the SEC “voluntarily.”

However, in a subtle twist, the arguments made by legal representatives of “the investment banker declarant” point out something striking.

The document attached to James K. Filan’s tweet reads, “The investment banker declarant works at an SEC-registered broker-dealer and, as such, was not in a position to decline such a request from the SEC — his firm’s primary regulator — for a declaration. Had Investment banker declarant declined to provide a statement, the SEC’s alternative was to compel his testimony to authenticate the document at issue. It is self-evident that where a witness’s only options are to provide a declaration or to testify, there is no…