Discover and read the best of Twitter Threads about #gram
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“INVESTMENT CONTRACT”
Is one of the most misunderstood legal terms in the law. The Howey Test must be the most misapplied legal test or doctrine on social media.
“Investment contract” is a legal term of art adopted from state law by Congress when it enacted the 1933 Act.
Is one of the most misunderstood legal terms in the law. The Howey Test must be the most misapplied legal test or doctrine on social media.
“Investment contract” is a legal term of art adopted from state law by Congress when it enacted the 1933 Act.
According to the Securities Act of 1933, the term ‘‘security’’ means:
“any note, stock, treasury stock, security future, security-based swap, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement,
“any note, stock, treasury stock, security future, security-based swap, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement,
collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of de- posit for a security, fractional undivided interest in oil, gas, or other mineral rights, any put, call, straddle,
Son üç senede dünyada olay bakımından ne yaşandıysa hepsini önceden yazdım ve hepsi de dönüm noktasıydı hane halkları için.. Piyasa ? Onları da yazdım, hepsi de rakamsal geldi. Belgelerim tek tek.
Ama; neyi fark ettim ve buradan uzaklaştım.!
Ama; neyi fark ettim ve buradan uzaklaştım.!
Birden fazla etken var aslında ama, bir kaçını yazayım.
1- Ekonomide fiyatlar bir yerden bir yere geliyor, bu konuda bilirkişi görünen insanlar, bunun üstüne yorum yapıyor, olur olmaz diyor ve herkes şak şak yapıyor.
Yani; ya eleştireceksin, ya da; savunacaksın.
1- Ekonomide fiyatlar bir yerden bir yere geliyor, bu konuda bilirkişi görünen insanlar, bunun üstüne yorum yapıyor, olur olmaz diyor ve herkes şak şak yapıyor.
Yani; ya eleştireceksin, ya da; savunacaksın.
Bu benim yapıma ters ben bir kitleye oynayamam.
Böyle kişiler sadece eleştiri veya savunmadan prim yapıyorlar. Ben böyle olamam, çünkü; asıl işimi ihmal etmiş olurum.
2- Bu parasal genişlemeler de kriptolar çok ön plana
çıktı ve piyasalar çok hızlandı.
Böyle kişiler sadece eleştiri veya savunmadan prim yapıyorlar. Ben böyle olamam, çünkü; asıl işimi ihmal etmiş olurum.
2- Bu parasal genişlemeler de kriptolar çok ön plana
çıktı ve piyasalar çok hızlandı.
#Gram #altın
980 pivot dedim oraya yanaşınca piyasa 20 lira aldı..
Eskiden olsa bu 20 lira insanlara büyük paraydı.
Şimdi öyle değil. Niçin ? Beklentiyi bu süreçte karşılayamadı ve devletlerce baskılandı.
Halk keyif alamıyor. Çünkü; bant içinde yüzüyor.
980 pivot dedim oraya yanaşınca piyasa 20 lira aldı..
Eskiden olsa bu 20 lira insanlara büyük paraydı.
Şimdi öyle değil. Niçin ? Beklentiyi bu süreçte karşılayamadı ve devletlerce baskılandı.
Halk keyif alamıyor. Çünkü; bant içinde yüzüyor.
Ne diyorlar ? Koç hiç yön söylemez !
Koç hep ortaya konuşur.
Oyunu okursun ama kişi alamaz. Nizami
Koç hep ortaya konuşur.
Oyunu okursun ama kişi alamaz. Nizami
On page 24 of its opposition, the SEC attempts to split proverbial legal hairs by conceding #XRP is not a security per se (“this case presents no such question”), while simultaneously arguing all XRP, including XRP traded in today’s “secondary market … represents” a security. 👇
Remarkably, the SEC claims it is not arguing XRP is a security per se, but instead, arguing XRP is a representation of a security.
What does that even mean?
When does an asset transform from being an asset (🥃, an 🍊, 🦫 or #BTC) to also “representing” an investment contract?
What does that even mean?
When does an asset transform from being an asset (🥃, an 🍊, 🦫 or #BTC) to also “representing” an investment contract?
The SEC must prove #XRP IS an investment contract. But the SEC unilaterally changed its burden to proving only a “representation” of an investment contract.
The SEC doesn’t get to make up the law in order to satisfy a political desire to regulate a new evolving asset class.
The SEC doesn’t get to make up the law in order to satisfy a political desire to regulate a new evolving asset class.
THE SEC LAWYERS ARE MAKING ARGUMENTS 🆚 #XRP THAT VIOLATES BOTH THE LAW AND ITS OWN GUIDANCE - a 🧵 of proof 👇👇
THE LAW:
Howey made clear that what makes an instrument or asset an investment contract is the “scheme” behind the “offering and sale” of the asset. In Howey, the W.J. Howey Company sold tracts of land - orange 🍊 groves but the buyer also signed a service contract.
Howey made clear that what makes an instrument or asset an investment contract is the “scheme” behind the “offering and sale” of the asset. In Howey, the W.J. Howey Company sold tracts of land - orange 🍊 groves but the buyer also signed a service contract.
The Howey Co. would till the land, plant 🪴 the trees 🌲, water 🚿 the land, and harvest and sale the 🍊. Howey Co. would send a check to the buyers and it was a form of passive income - an emphasis was made on passive (the investors did nothing, never took possession of the 🍊
Arkadaşlar Merhaba,
Bugün çok faydalı, çok da keyifli bir çalışma yaptım.
Keyifli olduğu kadar, sonuçları itibari ile de biraz canımı sıktı 😊
#USDTRY, #GRAM, #ASELS, #SASA, #GARAN, #BTC, #ETH, #XRP, #dogecoin
Bugün çok faydalı, çok da keyifli bir çalışma yaptım.
Keyifli olduğu kadar, sonuçları itibari ile de biraz canımı sıktı 😊
#USDTRY, #GRAM, #ASELS, #SASA, #GARAN, #BTC, #ETH, #XRP, #dogecoin
WRIT OF MANDAMUS - A One year later 🧵 -
A year ago today, I filed a rarely used legal action 🆚 the @SECGov - a Writ of Mandamus. Mandamus is a judicial remedy in the form of a Court order to any gov’t employee to do some specific act which he/she is obliged under law to do.
A year ago today, I filed a rarely used legal action 🆚 the @SECGov - a Writ of Mandamus. Mandamus is a judicial remedy in the form of a Court order to any gov’t employee to do some specific act which he/she is obliged under law to do.
Like I said, its a legal remedy that’s not often sought. In fact, according to the DOJ website: “Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance.”
After reading the 79 page Complaint twice, I realized #XRP itself (ie today’s token) was being attacked by the SEC and I knew what that meant for innocent #XRPHolders. I believed this case was one of those “exceptional circumstances of peculiar emergency or public importance.”
@CGasparino @EleanorTerrett
@LizClaman
We know for a fact that Hinman met with @ConsenSys’ lawyers & the co-founder of @ethereum and founder of @ConsenSys, @ethereumJoseph, on Dec. 13, 2017.
This meeting took place during the very height of the ICO prosecutions by the SEC.
@LizClaman
We know for a fact that Hinman met with @ConsenSys’ lawyers & the co-founder of @ethereum and founder of @ConsenSys, @ethereumJoseph, on Dec. 13, 2017.
This meeting took place during the very height of the ICO prosecutions by the SEC.
We know for a fact that Ether held the world’s first ICO in 2014 - 3 years prior to the first Hinman meeting. We know that there were 3-4 more meetings before the Hinman Speech, including on June 8, 2018. We know Ether investors helped write ✍️ the speech (we have the videos).
We know on June 8, 2018, AFTER meeting the SEC, Joe Lubin PREDICTED that some projects were going to receive bad news from the SEC.
We know @Ripple was one of those “projects.” But a year before the SEC sued Ripple, it filed its most successful ICO enforcement action.
We know @Ripple was one of those “projects.” But a year before the SEC sued Ripple, it filed its most successful ICO enforcement action.
A @SECGov 🆚 @Ripple 🧵
For the first time ever in a non-ICO case, the @SECGov is asserting that the digital asset itself - #XRP - is a security.
That absurd argument not only violates common sense but it’s in direct contradiction of over 70 years of case law and precedent.
For the first time ever in a non-ICO case, the @SECGov is asserting that the digital asset itself - #XRP - is a security.
That absurd argument not only violates common sense but it’s in direct contradiction of over 70 years of case law and precedent.
In the #Howey case in 1946, there were two contracts in play between the investors and the W.J. Howey Co:
(1) a purchase and sale contract for the Orange 🍊 Groves;
(2) the investors signed a service contract hiring Howey to handle everything (from planting thru selling).
(1) a purchase and sale contract for the Orange 🍊 Groves;
(2) the investors signed a service contract hiring Howey to handle everything (from planting thru selling).
The Supreme Court found that the entire “scheme” taken together constituted a securities offering.
The Supreme Court NEVER said or implied that the oranges 🍊 were securities.
73 years later in 2019, the SDNY handed down the #Telegram case.
Telegram was a typical ICO case.
The Supreme Court NEVER said or implied that the oranges 🍊 were securities.
73 years later in 2019, the SDNY handed down the #Telegram case.
Telegram was a typical ICO case.
#XRP AND #EXCHANGES
I hope to be proven wrong but as I’ve said before I do not believe that @coinbase @krakenfx @binance etc. are going to re-list or un-suspend #XRP until the @SEC_Enforcement comes out and issues a no-action declaration or we get clarity from the SDNY Court.
I hope to be proven wrong but as I’ve said before I do not believe that @coinbase @krakenfx @binance etc. are going to re-list or un-suspend #XRP until the @SEC_Enforcement comes out and issues a no-action declaration or we get clarity from the SDNY Court.
Let me explain how the SEC Attorney misled the Court when answering Judge Netburn’s question regarding whether anyone selling #XRP would be violating Section 5 of the Securities Act.
This will also help me prepare for our brief (due in 8 days). 😥😫
Attorney Tenreiro said that
This will also help me prepare for our brief (due in 8 days). 😥😫
Attorney Tenreiro said that
Section 4 exemptions would apply and therefore retail holders would not be in violation. Not true. If the purpose and intent is to have #XRP distributed by purchasers into a secondary market no exemption applies under Section 4, as Tenreiro suggested to Magistrate Netburn.
#XRPHolders 🆚 @SEC_News Thread:
@HesterPeirce was interviewed by @ThinkingCrypto1 and said that she was trying to get people at the @SEC_News to stop thinking about the token as a security but instead on how the token was being packaged and sold.
@HesterPeirce was interviewed by @ThinkingCrypto1 and said that she was trying to get people at the @SEC_News to stop thinking about the token as a security but instead on how the token was being packaged and sold.
I tweeted out, in disbelief, saying “that’s only been the law for 75 years.”
The Supreme Court in #Howey didn’t conclude that the oranges 🍊 were Securities, but it was the “scheme” and the totality of circumstances surrounding the transactions between the parties that was held
The Supreme Court in #Howey didn’t conclude that the oranges 🍊 were Securities, but it was the “scheme” and the totality of circumstances surrounding the transactions between the parties that was held
Images of Infectious Diseases
This is the histopath and gram stain of culture of a lymph node biopsy of a person with tender purulent inguinal adenopathy.
Dr. @dwchallener
Dr. @ali_eberly
MCQ #MayoIDQ to follow
This is the histopath and gram stain of culture of a lymph node biopsy of a person with tender purulent inguinal adenopathy.
Dr. @dwchallener
Dr. @ali_eberly
MCQ #MayoIDQ to follow
72M. Crohn’s. 2 pet dogs. 1 pet cat.
2 mo after L knee surgery —> tender L inguinal node with purulence. No F/C. No response to TMP-SMX.
Biopsy (see photo): Stellate suppurative granuloma with central necrosis and clumps of bacteria.
What is the most likely diagnosis?
2 mo after L knee surgery —> tender L inguinal node with purulence. No F/C. No response to TMP-SMX.
Biopsy (see photo): Stellate suppurative granuloma with central necrosis and clumps of bacteria.
What is the most likely diagnosis?
1/
#Gram stain: a first step in bacterial identification —> two major groups:
1. Gram-positive: retains primary stain (crystal violet)
2. Gram-negative: does not retain crystal violet but counterstained by safranin/fuchsine —> red / pink
Named after Hans Christian Gram (photo)
#Gram stain: a first step in bacterial identification —> two major groups:
1. Gram-positive: retains primary stain (crystal violet)
2. Gram-negative: does not retain crystal violet but counterstained by safranin/fuchsine —> red / pink
Named after Hans Christian Gram (photo)
