My last thread discussed the Howey test and what factors determine a security under U.S. law. I briefly demonstrated, on its face, how XRP IS NOT a security applying those factors.This thread will show the many ways that the SEC CAN’T prove that TODAY’s XRP constitute securities.
Currencies are excluded from statutory definition of a security.
XRP has been trading in Secondary Markets since 2013. In 2015, the DOJ and
FinCen settled a case with Ripple and determined XRP was virtual currency.
Ripple was classified as a money transmitter of XRP. The settlement required Ripple’s XRP transactions to comply with
laws dealing with currencies or commodities NOT securities. Currency is generally defined as a medium of exchange, unit of account and/or a
store of value.
A federal judge has determined that BTC is currency. SEC Chairman Clayton stated that he agreed that BTC is a store of value and, thus, currency. XRP has the same use case of BTC, as a store of value - as does all other Cryptocurrency - considering the non-stop printing of money.
XRP holders can stake and/or use their XRP as collateral and generate yield or acquire a loan. This use case alone makes XRP a non-security.
XRP IS NOT a security according to: Japan’s Financial Services Agency; the U.K.‘s Financial Conduct Agency; Singapore; and the UAE. SBI pays it Esports players IN XRP (payment currency); Deel, with Coinbase, established a crypto payroll and international workers are paid in XRP;
Bitpay established crypto payments for businesses and 225 Countries can pay in XRP, ETH and BTC; Xago uses XRP to move money in Africa: Bitex uses XRP in the UAE and will be utilizing it in India; the OMFIF Lists XRP as being utilized in payments;
DBS launched an exchange converting fiat utilizing BTC, ETH, BTH and XRP; Novatti incorporated real time remittances in Australia and Asia utilizing XRP; MoneyTap & SBI Asia announced its use of XRP in remittances or payments in Asia;
The WEF calls XRP the most relevant crypto related to CBDCs; the IMF lists XRP as a Bridge Currency for cross-border payments; SBI Holdings CEO states that the World’s Fair will only accept XRP for Payments; Sygum’s Asset Manager states that XRP is the future of payments;
Former CFTC Chairman Giancarlo (Crypto Dad) stated XRP is not a Security; Congressman Emmer stated XRP is not a security; AND Former SEC Chairman Joseph Grundfest stated that since the SEC has not demonstrated a material distinction between XRP and ETH -
XRP should not be treated ANY differently. The above is only a snapshot at what I intend to demonstrate and argue in Court. Any one of the many examples above demonstrates a USE case that, alone, makes XRP NOT a security.
So to ALL my fellow XRP Holders, hang in there because WE will have our day at some point and truth and justice MUST MATTER.
We got this!

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More from @JohnEDeaton1

6 Jan
This Thread is meant to offer why I believe that Digital Assets and Cryptocurrency investors should be VERY concerned about the SEC enforcement action against XRP. Notice, I said XRP - not Ripple! I’m not here to defend Ripple or Garlinghouse or Larsen. Their lawyers can do that.
If the SEC had charged Ripple with the sale or distribution of unregistered securities in the form of XRP, in the early days, when XRP was ONLY connected to Ripple, with a limited use case, like it did with EOS/KIN, I wouldn’t have acted and I would still have 120 followers. 😂
But the SEC DID NOT limit the claim to early distributions made directly by Ripple or its executives. WHY NOT? Not a single case in the 74 years since the Howey Test was established has the Supreme Court found a security absent a contract or privity between buyers and sellers.
Read 23 tweets
5 Jan
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.
Read 18 tweets
3 Jan
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.
Read 8 tweets

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