⚠️ 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.
Recently, Christine Lagarde called for regulation over #Bitcoin. If you think her comments should be discarded because she is only one person and she’s in Europe, then, maybe, you missed Janet Yellen’s testimony at her Senate confirmation hearing?
We should all be concerned with what she is saying in 2021. This danger isn’t limited to a Democrat or a Republican Administration. Don’t forget that former Treasury Secretary Steven Mnuchin, after the November 2020 G20 Conference, said the NUMBER 1 topic of discussion after the
global pandemic was “the need to regulate Cryptocurrencies.” In my last Thread I questioned whether the SEC filled the Complaint against Ripple with allegations of wrongdoing WITHOUT charging fraud or misrepresentation as a tactic to DIVIDE the Crypto community. Make no mistake
about it, if the SEC is successful in getting Today’s XRP declared a security, it could unleash career fiat loving bureaucrats that see an opportunity to not only acquire your digital assets, but protect their precious beloved system of finance. I believe Cryptocurrencies are the
future of global fiancé. I believe the digitalization of all assets, including real estate, stocks, Bonds, commodities, precious metals, etc., are the future. The real question is whether governments are going to work with the innovation of the private sector or attempt to
frustrate it hrough the use of regulation. Despite what @Lagarde or @JanetYellen claim; there is no need for MORE regulation. Regulatory clarity and guidance? Yes! But we don’t need more regulation. For example, claiming that Today’s XRP is a security is silly. That doesn’t mean
that no laws apply here. Just not securities’ laws. We already have existing consumer protection laws; banking laws; anti-fraud laws; anti-money laundering laws; unfair trade and practice laws, etc. If the SEC gets it’s way, then two separate U.S. governmental agencies will have
declared XRP two different things. I’ve made it clear that I don’t know the intent of the SEC related to Ripple or XRP. Like you, I can only theorize until the truth is revealed. My theories are no better than yours. But my distrust of government, makes me concerned for all
of Crypto. Could the SEC, employing the regulation by enforcement strategy, target #Bitcoin , down the road, if successful, with classifying #XRP a security? In a previous Thread, I tried to make clear that if Today’s XRP is a security, then so is #Ethereum. But what about
#Bitcoin Certainly, no person would DARE argue that, today, #BTC constitutes a security? Come on JD, you’ve lost it Dude! Am I crazy? I bet @APompliano would say that I am - for even suggesting such blasphemy against the King 🤴 of all Crypto. Didn’t a judge rule that #BTC is a
form of currency? Didn’t Jay Clayton, himself, declare #Bitcoin currency because it’s a SOV? The government would never be inconsistent and go back on what it previously declared, right? Has this type of governmental inconsistency ever happened before? Well, since I asked:
XRP has been trading in Secondary Markets since 2013. In 2015, the DOJ and FinCen settled a case with Ripple and determined that XRP was “virtual currency” and that Ripple was a MONEY transmitter of XRP. What’s SCARY about our Government is that the 2015 determination by FinCen
doesn’t prevent a different U.S. Agency, like the SEC, from claiming that the same XRP that was declared a virtual currency was ALSO a security - AT THE SAME TIME! If the U.S. Government’s inconsistent, almost schizophrenic, approach to XRP, doesn’t scare other Crypto projects,
INCLUDING #Bitcoin , then stop reading this Tweet. Some believe it’s impossible to claim #BTC is a security? Let’s review a few things. As my friend @Santiag78758327 explained, Miners and Node Validators for
PoW create a Digital Asset. That asset, if it’s on the Bitcoin
Monetary Network, is #BTC. These miners are creating BTC into existence for the sole purpose of selling that BTC in the secondary markets for profit. Has there ever been or is there now something called the @BTCFoundation - similar to the @ethereum Foundation? Yes. Did the #BTC
Foundation promote the use and/or purchase of #BTC ? Yes. Have there been ventures related to the development of #Bitcoin ? Yes. What about Bitcoin Mining Pools? Are #BTC mining pools common enterprises seeking to generate #BTC to be sold for profit? Yes. Have individuals or
entities purchased #BTC speculating that it would increase in value? Yes. Have those individuals or entities sold #BTC for a “return” in the secondary markets? Yes. Under Clayton’s absurd definitions of what constitutes a security, it would appear that one could make a similar
argument that #Bitcoin , in certain situations, is a security. Hopefully, you realize that I clearly don’t believe, under any circumstances, that #Bitcoin is a security. I don’t believe #ETH is a security. But, in the beginning of every Cryptocurrency’s creation and development,
you can make a legal argument that it STARTED OUT as a security. This applies to #XRP. This applies to #ETH. And, although there is no Bitcoin CEO, or any way to sue Satoshi Nakamato, it can be argued that it applies to instances involving #BTC. Remember, it’s not just me, one
lawyer, saying it’s absurd for the @SEC_News to claim that TODAY’S #XRP is a security. It’s also former SEC enforcement lawyers saying it; former SEC Chief Grundfest saying it; former CFTC Chairman @giancarloMKTS saying it; @JpThieriot and @UpholdInc saying it, etc etc. The SEC
can charge @Ripple@bgarlinghouse and @chrislarsensf for specific early distributions, but it’s a slippery slope the SEC is going down to say today’s XRP is a security. If the SEC and the government get a green light to do this, are you sure they won’t stop at #XRP? Are you sure
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
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