Always remember our democracy is supposed to be a a government “by the people for the people.” I filed an action against the SEC because it and our governmental officials have forgotten who they represent. Yes
The SEC’s mission statement is to “protect investors, promote fairness and share information about companies…to help investors make informed decisions and invest with confidence.” As chairman of the SEC, it was Jay Clayton’s fiduciary duty to enforce the mission statement.
He failed miserably. Instead of protecting investors and sharing
information to help investors make informed decisions about XRP he knowingly and intentionally caused multi-billion-dollar losses to innocent investors.
Clayton was sent a letter from Joseph Grundfest, a former Fellow Republican SEC Chairman, appointed by Ronald Reagan warning Clayton and pleading with him that there was no emergency or immediate need to file a case against Ripple claiming Today’s XRP are securities.
Grundfest warned Clayton that NEVER before was there a case in which the SEC wasn’t alleging fraud or misrepresentation whereas just the filing of the action against a company would cause “unprecedented multi-billions in losses of innocent investors.”
He told Clayton since SEVEN years have went by with XRP actively being traded that there was no need to rush this case and the new incoming administration should be consulted, especially since Clayton resigned and was leaving and wouldn’t be around to see the case through.
But instead of listening and with improper motives Jay Clayton filed the most significant SEC case in modern history making the ridiculous claim that XRP held in the individual wallets of people with no connection to Ripple are securities. The next day, Clayton left the SEC.
The legal action I filed isn’t about defending Ripple. They have smarter lawyers than me to defend them. But if they collect a dime from Ripple it should go to the people that lost money due to the SEC’s actions and inactions for SEVEN years.
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In the SEC Complaint against Ripple, it alleges that Ripple continues to sell unregistered Securities in the form of XRP. Unlike, in the ICO cases of 2017, the SEC did not only focus on early distributions but made the ridiculous claim that XRP is a security today. Let’s review:
The controlling law on what constitutes a security was handed down in 1946 in the Supreme Court case of SEC v Howey. Howey has set the standard for over 74 years.
The underlying asset in Howey was orange groves. Thus, we must compare the orange Groves to the Digital Asset XRP.
Orange groves were plots of land that were sold to tourists. The investors purchased the lots of land, but also paid the seller money to manage the orange groves. The seller would plant the seeds, water the trees, harvest the oranges and sell the oranges to people and places.