XRP Lawsuit: Mysterious Filing for ‘Decisive Evidence’ Reappears, Sparking Concerns

Highlights
- Justin Keener files to present decisive evidence in the XRP lawsuit for the second time.
- Bill Morgan and Marc Fagel raise concerns over Keener's motives.
- The court's response will decide the filing's potential impact over the Ripple case.
The XRP lawsuit has taken an unprecedented twist with the reappearance of a mysterious filing, leaving many wondering about the individual’s motives and potential implications for the case. This unexpected and unconventional move has sparked discussion among industry observers, including Bill Morgan and March Fagel. Will this filing overturn the outcome of the Ripple vs SEC case?
XRP Lawsuit Sees Unexpected Filing, Experts Weigh In
As XRP lawyer Bill Morgan pointed out, Justin W. Keener’s mysterious filing that once shook the crypto community has resurfaced. With the same emergency request to present “decisive evidence” in the high-profile XRP lawsuit, Keener refiled the motion on May 28. According to the filing, the mentioned evidence is poised to shift the Ripple case’s outcome in favor of the defendants. Keener states,
I, Justin W. Keener, am not a party to this lawsuit but I certify that I have an interest in its outcome for multiple reasons. For one — by God’s miracle — I hold data and information believed to be decisive evidence to settle controlling questions and matters central to 10 years of nightmarish chaos thrown upon all of us unsuspecting Americans.
Notably, XRP attorney Bill Morgan expressed surprise at the filing. He describes it as an individual’s lengthy critique of the Howey test and its judicial interpretation, particularly regarding investment contracts. Morgan calls it an unexpected move given the recent dismissal of Ripple and the SEC’s joint motion for an indicative ruling and the upcoming deadline for the SEC’s status report.
At the same time, ex-SEC lawyer Marc Fagel noted that the individual had made a second filing in the case, remarking that the SEC had responded to their previous submission. He questions why the court hadn’t restricted their PACER access due to what appeared to be unauthorised filings.
How Will This Mysterious Filing Impact the Ripple vs SEC Lawsuit?
Though Keener’s initial attempt in April 2025 to seek the court’s approval to present the so-called ‘decisive evidence’ in the Ripple case failed, he has reintroduced the motion. Now, the XRP community remains anxious to know about its potential impact on the XRP lawsuit, which remains uncertain. Many anticipate that the court will once again reject the motion, following its previous dismissal due to being deemed “improper.” Significantly, the court’s response to this filing and the SEC’s reaction will likely determine its influence on the case.
Who is Justin W. Keener?
In the XRP lawsuit, Justin W. Keener claims to be the curator of a unique collection of physical investment contracts, which he asserts have been deliberately hidden from public view over the past 50 to 60 years. He reportedly holds a track record of clashing with the SEC back in 2020. He has faced SEC allegations of operating as an unregistered penny stock dealer. In 2022, the court ordered him to pay a penalty of $10.2 million, alleging, “Keener failed to register as a securities dealer with the SEC, or to associate with a registered dealer, when he bought and sold billions of newly issued shares of penny stock from at least January 2015 through January 2018.”
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