THEORY 1: POLITICAL REVENGE It is known both in the crypto community and the Gov’t that Clayton is perceived to be anti-crypto. President Trump stated that he does not favor Bitcoin OR cryptocurrency. Treasury Secretary Mnuchin has publicly stated similar beliefs. Former NSA John
Bolton stated that he was present when he heard Trump instruct Mnuchin to “GO AFTER BITCOIN.” More significant, is that Ripple and its executives, especially CEO @bgarlinghouse, Co-founder @chrislarsensf and General Counsel @s_alderoty have been very critical of the Trump
Administration and Clayton. In 2018 Garlinghouse and CTO @JoelKatz met with Clayton and Trump’s senior officials. Afterwards, Alderoty stated that the U.S. is close to losing the global edge in crypto and Blockchain technology to China. Larsen argued that China can reverse a BTC
transaction due to its control over Chinese Bitcoin miners. He argued that the U.S. isn’t winning the technological Cold War against China. He argued that China mining, related to BTC and ETH, is over 80% of total mining. Larsen said the U.S. Gov’t’s INACTION is losing the war
and is suppressing American
innovation. Garlinghouse went on CNBC, CNN and FOX and threatened to relocate Ripple outside of the U.S. due to the Administration’s continued lack of regulatory clarity. He stated on FOX that the Trump Administration was favoring China and
suppressing American innovation by providing regulatory clarity to ETH and BTC, which are controlled and subsidized by the Chinese Communist Party (CCP). Ripple put significant pressure on Clayton. Powerful politicians questioned Clayton’s performance and his allegiance. Senator
@MikeCrapo wrote a letter to both the OCC and SEC seeking clarity regarding Crypto PAYMENTS! Crapo stated that the different gov’t agencies need clear rules that do not stifle American innovation. WEEKS prior to the SEC enforcement action against Ripple a number of US Congressmen
signed a letter to the SEC asking for regulatory clarity. Ripple’s efforts continued to place political pressure on Clayton. The Washington Examiner
publicized an INVESTIGATIVE piece on the issue of the Trump Administration and Clayton losing the Blockchain technology war to
China because the SEC would not provide clarity. An article was published stating that cryptocurrency is at the forefront of not just finance but even NATIONAL SECURITY. The article stated that the U.S. Intelligence Community is raising
concerns about the CCP’s influence over
digital currencies AT THE SEC. The Director of National Intelligence, John Ratcliffe, wrote a letter directed AT CLAYTON in EARLY NOVEMBER 2020 stating that “crypto and CBDCs are all being drawn into a multi-front global competition against
Beijing for leadership of the world’s
economy.” He informed Clayton that industry leaders (RIPPLE) are worried that China is leaving the U.S. behind in the digital-currency race. Ratcliffe pointed to concerns the U.S. has regarding China’s sway over digital currencies; as more than half of the world’s mining is
located in China. He warned Clayton that the Chinese Gov’t has created its own state-controlled digital currency that would make it tough for the U.S. based companies (RIPPLE) and innovators to compete. He offered to have intelligence officers brief Clayton on the issue.
Clayton did not appreciate the pressure being placed on him
and the SEC and that pressure came from the direct efforts of Ripple and its two executives. Irritated by the Ratcliffe letter, Clayton refused to personally respond to it. Instead, an SEC Spokesperson responded and
claimed, “Clayton is committed to restoring innovation in the Digital Assets and digital payments space consistent with US investor protection and anti-money laundering laws.” Why would they respond this way? Anti-money laundering? Really?
This was an unusually generic response
to claims that the SEC was HELPING China win the blockchain crypto revolution. The Washington Examiner found this letter by Trump’s Top Spy Chief to signal a push to convince Clayton and the SEC to make it easier for U.S. owned
crypto companies (RIPPLE) to compete against those
based in and controlled by China. Alderoty was interviewed and discussed China’s influence over digital currencies. He said “the data doesn’t lie; the vast majority of BTC’s network and infrastructure - chips, mining pools and software, are all located in China or created by
Chinese companies. This is not decentralization. The CCP wields absolute control in China.” Ripple’s GC’s remarks to The Examiner were extremely critical of the Trump Administration and the SEC, INCLUDING Clayton. Alderoty wrote in August 2020 that the Chinese Gov’t subsidizes
the vast amounts of energy needed to fuel BTC and
ETH miners.” He stated that “65% of Bitcoin mining is concentrated in China.” Ripple’s GC publicly questioned whether the U.S. is really willing to allow China to win this new technological and economic Cold War and allow China
to dictate important parts of a new global economic system. The Examiner’s article concluded by taking a direct shot at Clayton. A Senior Intelligence officer told the Washington Examiner that “competing with China is a
serious enough challenge without US regulators GETTING IN
THE WAY. Senator @TomCottonAR also sent Clayton a letter in July 2020 AFTER he sent his first letter to Clayton in December 2018. In both letters, Cotton addresses digital currencies to ensure U.S. companies (RIPPLE) have a chance to compete. Cotton’s second letter included
Director Ratcliffe and White House NSA O’Brien. It criticized how “so far, the SEC has concluded that only Chinese controlled BTC & ETH can be considered non-securities.”Cotton was making the same argument that Ripple and its two executives have been making for years. Except now,
Ripple’s argument that the SEC providing regulatory clarity for only BTC & ETH, but NOT XRP, was favoring China over the US - was being made by Congress, the NSA, the Media and US Senators. And they all were directing their criticisms to one agency and its Chairman. Possibly the
worst thing that Ripple’s executives could do AFTER publicly alleging the Trump Administration and Clayton were favoring Chinese technology over American innovation, was to publicly congratulate Biden. The two Ripple executives stated that they believed Biden’s tenure would be
better for digital currencies. Garlinghouse stated that the Biden Administration had to be better because he “couldn’t imagine the regulatory environment any worse.” It appears that Clayton proved Garlinghouse wrong and provided him with a worse environment. Is my revenge theory
rank speculation? Of course it is? But, until the truth is discovered, I will explore all feasible theories. You think this theory is wrong? Why wasn’t @JedMcCaleb sued? He has sold billions of XRP and he is a Co-founder, like Larsen. How are his sales of XRP, not securities? 🤔

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More from @JohnEDeaton1

10 Jan
THEORY 2: PERSONAL GAIN Jay Clayton, prior to the SEC, was a partner at Sullivan & Cromwell LLP as its Head of Corporate Practice and Finance. Clayton advised the largest firms in INVESTMENT BANKING and had a long history of advising and working with Goldman Sachs (GS).
Read @Santiag78758327 Thread below for great insight. He points out GS is deeply involved and familiar with the global banking infrastructure including cross-border commodity swaps and the SWIFT PAYMENT SYSTEM. Jay Clayton’s wife has worked for and closely with GS for 2 decades.
The SEC in it’s Complaint admits that since, at least 2015,
Ripple has targeted replacing SWIFT in the international payment arena with XRP. As @sentosumosaba and others have discussed, SBI Holdings is testing the use of XRP in the Fx markets. A former GS executive,
Read 6 tweets
9 Jan
This Thread discusses one of the theories that I allege in our legal action against the SEC. It’s called REGULATION by ENFORCEMENT. @HesterPeirce and the new SEC Chairman Elad Roisman have both publicly stated that it SHOULD NOT be practiced. forkast.news/sec-commission…
Former SEC Chairman Clayton stated many times when asked about XRP that the SEC can’t comment on any a specific product or company. He would only say “if it’s a security, we will regulate it.” He was asked repeatedly by CNBC reporters and at FinTech conferences specifically about
XRP. He was asked whether XRP would get the same status as BTC and ETH. He repeatedly stated that the SEC would not comment on specific products. But this runs afoul of the SEC Mission Statement which states the SEC WILL SHARE information about companies to help investors make
Read 13 tweets
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
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.
Read 13 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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