Ripple executives like @bgarlinghouse@chrislarsensf@JoelKatz@s_alderoty have stated that XRP was not designed to pay for a cup of coffee. Instead, it was
designed for the banks and money service providers. In fact, XRP was labeled by the hard-core #Bitcoin community as
the “Bankers Coin.” XRP, as the Bankers Coin, has been helping several financial institutions and/or money service providers during the last several years. Help to these financial institutions runs afoul with the original vision of #Bitcoin, which was to replace and/or bypass
the banks. If you disagree, simply read the first paragraph of Satoshi Nakamoto’s White Paper. It reads “Commerce on the Internet has come to rely almost exclusively on financial institutions serving as trusted third parties to process electronic payments.” The first sentence of
the second paragraph reads “What is needed is an electronic payment system based on cryptographic proof instead of trust, allowing any two willing parties to transact directly with each other without the need for a trusted third party.” The trusted third party is the bank.
Hence, the #BTC Maxi’s labeled XRP The “Bankers Coin.”The SEC and others need to understand this important design distinction. I say that because in the SEC’s Complaint against Ripple, it seems to take issue, as significant, that Ripple understood that XRP
purchasers routinely
resold XRP to other investors in the United States and other countries. (See SEC Complaint p. 15, para. 88). This issue of secondary market resales of Digital Assets was also
publicly mentioned by Clayton on business channels such as CNBC. The argument that a Digital Asset that
is publicly traded in secondary markets somehow transforms that Digital Asset into a security, is absolutely absurd. If true, then the SEC’s lawsuit against Ripple potentially implicates all digital
currencies and/or Digital Assets. Remember, Clayton has publicly stated
that, in his belief, if a person purchases a token and
someone goes out and does a venture and that effort increases the value of the token, it is a
security. He said if a person gets a “return” in the secondary markets from the token, it is a security. The mere fact that
some investors may acquire XRP with the hope that it will
increase in value does not transform #XRP into a security. The same is true of #BTC and #ETH speculators. The same is true with baseball card speculators, gold speculators, art speculators, or Pokémon speculators.
I’ve tweeted several times that the SEC case against XRP poses a potential threat to all of Crypto. Why would the SEC claim that Today’s XRP is a security? With all the claims lately about regulating Crypto including #Bitcoin does the government have all of Crypto in it’s sights?
Why was the SEC Complaint against Ripple full of irrelevant noise? For example, why did the SEC discuss Garlinghouse’s personal sales of XRP while mentioning that he had publicly stated that he was “very long” XRP? It’s not relevant unless the SEC is alleging fraud or
misrepresentation. A CEO often gets paid in stock. A CEO often sells some of his stock. That doesn’t mean he isn’t long the stock or the company. Jeff Bezos sells $1 Billion of Amazon stock every year. Why bring Brad’s XRP sales up if you aren’t claiming fraud or
misrepresentation? It’s absolutely irrelevant to whether XRP is a security! Did the SEC bring it up to make Brad and Larsen look bad? Was it meant to generate outrage so that other Crypto Projects route for the SEC and against Ripple and XRP? Is the strategy of Divide and
⚠️ WARNING ⚠️ AND
⛔️ DANGER ⛔️ THREAD
In several previous Threads, I have warned about government overreaching into the Cryptocurrency markets. Have governments around the world ever truly believed that #Bitcoin and Crypto would get to the point that it finds itself today?
I don’t know. I know that these fiat loving government leaders and career bankers feel THREATENED by Crypto. Why did Jamie Dimon call #Bitcoin a fraud? Of course, his Bank JPM started buying it, and now, after buying it at a lower price, are predicting it goes above 150K in 2021.
Watching Dimon’s reaction, regarding #Bitcoin , is one reason that convinced me to become even more interested in the Crypto space. You can literally see the fear in his eyes and face. In fact, he recently commented that the major Banks should be scared “shitless” of FinTech.
One other thing that I must make clear: I’m not claiming that the Writ of Mandamus I filed is easy to win. In fact, over 90% lose because the Court finds that there are other legal remedies available and/or because it involves a discretionary function of the Officer or Agency
that the Petition for Writ was filed against. For example, the Court could find that there are other remedies available to XRP Holders, such as, filing a motion to intervene in the SEC v. Ripple case. What I’m claiming, here, is that it is easy, IMO, to demonstrate that 2021’s
XRP is NOT a security. Sorry, but I felt compelled to explain the distinction, so that people don’t misunderstand what I’m claiming. If forced to file a motion to intervene; and, if granted, we would file a Motion For Summary Judgment asking the Court to declare, as a matter of
THE SEC WAS WARNED INVESTORS WOULD LOSE BILLIONS. Considering the magnitude of an SEC enforcement action against the 3rd largest Digital Asset, XRP, the SEC, and it’s Chairman, Jay Clayton, was sent a letter, prior to the filing of the action, from former Chief Joseph Grundfest.
He warned Clayton and the SEC that the mere filing of the lawsuit, declaring XRP an unregistered security, “would result in an UNPRECEDENTED scenario of billions of
dollars in losses resulting from an exodus of intermediary market service providers.” That’s a direct quote from
a former Chief who saw all this coming. The “exodus of intermediary market service providers” has already taken place. @coinbase@krakenfx and almost every other service provider has suspended trading of XRP in the U.S. Others, like @BitwiseInvest and @Grayscale have liquidated
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,
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
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